Degree

Master of Laws

Program

Law

Supervisor

Dr. Andrew Botterell ​

Abstract

Humanity’s future existence is contingent on its ability to address the climate crisis. A valuable tool that can help mitigate and address the effects of climate change is constitutional law. Through the constitution and its application, individuals and groups in society can be regulated through rights and duties. These rights and duties can attempt to constrain the damage done to the environment. However, many constitutional environmental rights are unenforceable or vague. This paper illustrates that a Canadian constitutional human right to ecological integrity can be an effective, enforceable right. This paper describes the potential of using ecological integrity as a quantifiable legal standard, and proposes that this right may offer an explicit legal solution to the lack of robust ecological protection within Canadian law.

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