A/HRC/45/12/Add.1
D.
Implementation of international obligations
12.
The Canadian Charter of Rights and Freedoms, the Canadian Human Rights Act and
provincial and territorial human rights codes form the main national human rights framework.
The Canadian Human Rights Commission was established by the Canadian Human Rights
Act. As discussed below, these instruments, the various courts and tribunals that make
decisions in relation to them and the Commission are the foundation for addressing
discrimination related to the disproportionate impacts of toxic exposure.
13.
The Canadian Human Rights Commission faces various challenges, however,
including limited public awareness of available avenues for filing complaints and a limited
mandate to handle human rights issues relating to discrimination. Therefore, with regard to
human rights violations or abuses linked to toxics, the Commission is hindered from offering
much-needed services.
14.
A concern that was expressed repeatedly was that Canada does not pay appropriate
attention to the implementation of relevant international obligations and recommendations.
Various recommendations of United Nations human rights mechanisms, including on the
justiciability of economic, social and cultural rights, have not been cohesively implemented.8
While the international human rights obligations of Canada may be implemented in law and
policy, economic, social and cultural rights are not directly actionable in Canadian courts.
Furthermore, insufficient funding at the provincial, territorial and municipal levels of
government to strengthen implementation of these rights poses a hindrance.9 Thus, the rights
to health, to safe water and food, to adequate housing, to safe and healthy working conditions,
among other rights implicated by toxics, do not appear to be directly actionable under
Canadian law.
15.
Reports cited the tendency of the Government to focus on reporting obligations at the
expense of comprehensive planning, assessment and action on human rights
recommendations. The intergovernmental Continuing Committee of Officials on Human
Rights has reportedly not consistently followed up on the practical implementation of
recommendations. 10 The Special Rapporteur notes that the Federal-Provincial-Territorial
Ministers Responsible for Human Rights met in 2017, for the first time in nearly 30 years.
Furthermore, environmental rights do not feature prominently in the mandate of the Canadian
Human Rights Commission. Consequently, the Special Rapporteur considers that the
Government must strengthen its legal and institutional frameworks and mechanisms to
implement all of its obligations under international human rights law.
16.
As discussed below, the Canadian Environmental Protection Act and various
government plans and programmes offer opportunities to further integrate human rights
protection into the Canadian legal framework.
II. Rights to life, health and bodily integrity
17.
Pollution and exposure to toxic chemicals threaten the right to life and a life with
dignity, as environmental degradation threatens or poisons individuals and communities,
poses health challenges and erodes opportunities to maintain bodily integrity.11
18.
Canada has taken steps in several areas to implement its duty to prevent exposure.
One example relates to air pollution, which accounts for millions of premature deaths
globally. 12 Air quality in Canada has improved by some metrics in recent years. 13 For
example, the phasing out of coal-based power plants in Ontario has had a positive impact.14
8
9
10
11
12
13
14
4
E/C.12/CAN/CO/6.
Ibid.
A/HRC/22/50/Add.1, para. 12, and E/C.12/CAN/CO/4-E/C.12/CAN/CO/5, para. 12.
A/74/480.
www.who.int/health-topics/air-pollution#tab=tab_1.
www.canada.ca/en/environment-climate-change/services/environmental-indicators.html. See also
https://laws-lois.justice.gc.ca/eng/regulations/SOR-2016-151/index.html.
www.ontario.ca/page/end-coal.
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