| Abstrakt: |
"Chemical Valley" in Sarnia, Ontario, the site of almost half of Canada's chemical industry, is one of the most polluted areas in the country. It is also home to the Aamjiwnaang First Nation, whose community members, as a result of their proximity to this cluster of polluting facilities, experience much higher risk and actual harm to their health than other Canadians. The lack of cumulative impact assessments for major industrial projects under Ontario's environmental laws has created and perpetuated a "sacrifice zone" in Chemical Valley, where the residents experience environmental injustices. As the understanding of environmental injustices experienced by the Aamjiwnaang First Nation has evolved, the Constitution has become a focal point for advancing environmental justice in "Chemical Valley" and in similarly situated communities. Inspired by the Charter claims in the Lockridge u. Ontario lawsuit brought by Aamjiwnaang residents against the Ontario Ministry of Environment and Climate Change, this Note examines the potential for sections 7 and 15 of the Canadian Charter of Rights and Freedoms to address and remedy the environmental injustices impacting the Aamjiwnaang First Nation due to the cumulative impacts of longterm exposure to air pollution from multiple facilities. To better understand how the Charter can serve as a tool to combat environmental injustices in "Chemical Valley" and other pollution hotspots, this Note applies sections 7 and 15 to environmental justice claimants in pollution hotspot cases, drawing upon the experiences of the Aamjiwnaang First Nation in "Chemical Valley." It argues that sections 7 and 15 of the Charter can help address the kinds of environmental injustices experienced by the residents of "Chemical Valley" as a result of the Ontario government's issuance of permits to major industrial projects without requiring a cumulative impact assessment. [ABSTRACT FROM AUTHOR] |
