Aboriginal Peoples and Legal Challenges to Canadian Climate Change Policy

18 Pages Posted: 13 Jun 2015

Date Written: June 19, 2014

Abstract

This article explores two litigation strategies for challenging Canadian climate change policy, both of which involve constitutional rights and Aboriginal peoples. First, the authors argue that Canada’s climate change policies can be challenged as infringements of the section 7 Charter right to security of the person of Canada’s most northerly Aboriginal peoples. Second, they argue that the impact of insufficient carbon emissions regulation on Aboriginal peoples may violate section 35 of the Constitution Act, 1982, which affirms the rights of Canadian Aboriginal peoples. Although the proposed litigation strategies face a number of challenges, the issues are justifiable. Furthermore, if one of these claims proceeded to trial, the government would be called upon to defend and justify its ongoing failure to reduce Canada’s greenhouse gas emissions.

Keywords: Aboriginal Peoples, Climate Change, Charter Challenges, Litigation, Constitutional Rights, Carbon Emissions, Section 7, Charter of Rights and Freedoms, First Nations, Canada, Northern Canada, Inuit, Aboriginal Rights, Indigenous Peoples, Indigenous Rights, Indigenous Law, Oil sands

Suggested Citation

Sniderman, Andrew and Shedletzky, Adam, Aboriginal Peoples and Legal Challenges to Canadian Climate Change Policy (June 19, 2014). Western Journal of Legal Studies, Vol. 4, No. 2, 2014. Available at SSRN: https://ssrn.com/abstract=2617377

Andrew Sniderman (Contact Author)

University of Toronto ( email )

Toronto, Ontario M5S 3G8
Canada

Adam Shedletzky

University of Toronto ( email )

Toronto, Ontario M5S 3G8
Canada

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