Rights of Nature

Legal Personhood

There is a growing movement globally to confer legal personhood on certain elements of nature – such as forests or watersheds – as a means to recognize and protect rights of nature.  A legal person has rights, powers, duties and liabilities as prescribed by law.  Not all legal persons will have the same rights, powers, duties and liabilities, for example, those of an adult natural person differ from those of a minor, a natural person or a corporation.

There are examples of legal personhood for elements of nature from New Zealand, India, Spain and Canada.  Legal personhood is typically conferred to elements of nature via legislation; however, there are some examples of court decisions granting legal personhood.

International Protection of Rights of Nature

Although not legally binding, there are international instruments which acknowledge the rights of nature.  These include the Universal Declaration on the Rights of Mother Earth and the Universal Declaration on the Rights of Rivers.  These documents set out the inherent rights of Mother Earth and Rivers, respectively.

Constitutional Protection of Rights of Nature

Canada’s Constitution makes no mention of the environment or rights of nature.  However, there are some jurisdictions that have incorporated rights of nature into their constitutions. This is a significant step because a constitution governs the laws that may be made and implemented by a government, and what principles must be upheld by those laws.

Legislation Protection of Rights of Nature

Because of the division of powers set out in the Canadian Constitution, both the federal and provincial governments have authority to pass legislation relating to different aspects of the environment ² .  For example, the federal government has authority over fisheries, migratory birds, navigable waters, federal Crown lands, and transboundary projects (like pipelines that cross provincial borders).  The federal government may also address environmental matters using its criminal law, trade and commerce, or POGG (peace, order and good government) powers. Provincial governments, on the other hand, have authority over provincial Crown lands and resources, local matters, and property and civil rights which result in significant provincial authority over environmental matters.  A province may choose to delegate some its authority over environmental matters to municipalities (via legislation).

Criminal offence of ecocide

Ecocide can be defined as “unlawful or wanton acts committed with knowledge that there is a substantial likelihood of severe and either widespread or long-term damage to the environment being caused by those acts”