A/HRC/45/12/Add.1 substances that are carcinogenic or otherwise toxic.119 Without such information, consumers cannot fully realize their right to know the toxic properties of the products they purchase.120 Reform of the Canadian Environmental Protection Act should include mandatory labelling of chemicals of concern121 on various consumer products, including cosmetics, to implement the right to know for all in Canada. 75. Reports of insufficient public participation in the review of the Canadian Environmental Protection Act, including of inadequate consideration of civil society input, are concerning. All stakeholders should have guaranteed participation in the formulation and implementation of environmental law, including the Canadian Environmental Protection Act. Furthermore, where a substance has been banned by other countries, citizen enforcement action should be envisioned so that members of the public can initiate a review of substances of concern – and call for enforcement when violations of the Canadian Environmental Protection Act occur, on a public interest basis and without the requirement to show specific actual environmental damage. Periodic reviews of the National Pollutant Release Inventory are also useful, upholding the principle of public participation. B. Freedom of expression 76. The Special Rapporteur reiterates his utmost concern about repeated reports of harassment, prosecution and persecution of defenders of indigenous and environmental rights.122 The Special Rapporteur heard of scientists discredited for highlighting the impacts of toxic industries, as well as threats, arrests and acts of intimidation of youth and elders exercising their rights to be heard and to freedom of expression. He was repeatedly told that community members do not feel free to express their health concerns for fear of not being protected and of suffering other negative consequences. 77. For example, hundreds of people were allegedly arrested for peacefully protesting against the proposed Trans Mountain Pipeline Expansion Project, some of whom received jail sentences as lengthy as five months. Indigenous women have reportedly gone missing after alleging health impacts from oil sands operations. The chilling effect of such actions can be telling of a trend to preserve the status quo. Moreover, Canadian businesses are repeatedly alleged to be implicated in attacks against human rights defenders outside Canada, which is of grave concern. C. Free, prior and informed consent 78. Current constitutional protections of indigenous peoples’ rights, including in relation to the duty to consult, do not adequately implement the standards for consultation and consent set out in the United Nations Declaration on the Rights of Indigenous Peoples. Canada should ensure that State and non-State actors cooperate in good faith with indigenous peoples and obtain their free, prior and informed consent when taking measures that may affect them, including for the storage or disposal of hazardous materials on their lands or territories.123 79. It was appreciated that the federal Government and certain provinces had stated that they were working to improve adherence to the principle of seeking and obtaining the free, prior and informed consent of affected populations in Canada by moving beyond consultation towards partnership and collaboration with indigenous peoples. In November 2019, British Columbia passed landmark legislation developed with indigenous peoples’ participation to 119 120 121 122 123 16 www.ourcommons.ca/Content/Committee/421/ENVI/Reports/RP9037962/envirp08/envirp08-e.pdf; https://cela.ca/wp-content/uploads/2019/07/CEPA-CCSPA-Cosmetics-Regs-Briefing-Note.pdf. www.ourcommons.ca/Content/Committee/421/ENVI/Brief/BR8603235/br-external/BoydDavide.pdf. www.canada.ca/content/dam/eccc/documents/pdf/cepa/FollowUpCepaReport-eng.pdf. Submission by the Union of British Columbia Indian Chiefs (2019). See articles 19 and 29 of the Declaration.