Un-Chartered Territory: Using Human Rights Law to Address Climate Inequities in Canada

Abstract

This paper explores how human rights laws in Canada could address inequities arising from climate change. While climate change is increasingly recognized as a pressing human rights issue, no case brought under the Canadian Charter of Rights and Freedoms has yet succeeded on its merits. This paper examines whether human rights statutes—which aim to prevent discrimination in areas such as employment, housing, and services—could offer a more effective legal recourse. It proposes four potential human rights complaints related to climate change: (1) failing to implement adaptation measures for vulnerable groups, (2) providing accommodation for climate conscious individuals, (3) recognizing government climate mitigation efforts as a “service,” and (4) holding greenhouse gas–emitting corporations accountable. The paper concludes that while these complaints are supported by existing case law, legislative amendments would provide clearer guidance and enhance certainty in applying human rights laws to climate-related disparities.