Aboriginal Environmental Rights in Tort

22 Pages Posted: 30 Mar 2014 Last revised: 15 Mar 2017

See all articles by Lynda Margaret Collins

Lynda Margaret Collins

University of Ottawa - Common Law Section

Sarah Morales

University of Ottawa - Common Law Section

Date Written: March 28, 2014

Abstract

While environmental rights have largely been situate within the public law realms of statute and constitutional provisions, tort constitutes an important complementary tool for protecting environmental entitlements. Aboriginal peoples face system barriers to accessing the protections provided by tort law, in particular the law of nuisance and trespass. This Article argues for an application of tort law that is sensitive to the formal and substantive equality rights of Aboriginal peoples in the area of environmental protection.

Keywords: tort law, nuisance law, Thomas v Rio Tinto, toxic tort, property torts, Aboriginal law, environmental law, environmental rights, Aboriginal rights

Suggested Citation

Collins, Lynda Margaret and Morales, Sarah, Aboriginal Environmental Rights in Tort (March 28, 2014). Available at SSRN: https://ssrn.com/abstract=2417323 or http://dx.doi.org/10.2139/ssrn.2417323

Lynda Margaret Collins (Contact Author)

University of Ottawa - Common Law Section ( email )

57 Louis Pasteur Street
Ottawa, K1N 6N5
Canada
613-562-5800 (Phone)

Sarah Morales

University of Ottawa - Common Law Section ( email )

57 Louis Pasteur Street
Ottawa, K1N 6N5
Canada

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