If ‘nature’ is awarded rights similar to those held by other legal persons, how would these rights be upheld? In this section, we highlight some existing legal approaches that could be used to protect and enforce the rights of nature.

Some of these tools will enable rights holders (or, in the case of nature, its representatives) to get involved in the decision-making process. This may look like changing the rules around standing – or who can appear before a court or tribunal. It may also look like an adoption of the public trust doctrine into Canadian law which recognizes the government’s fiduciary duty to protect the environment on behalf of its citizens. Or it could resemble the corporate rights structure that we have in Canada by granting nature the same rights that we currently grant corporations, including the right to sue.

In addition, we will consider what tools are currently available to remedy harm to nature. If nature has rights, how can it ensure that derogation from these rights can be remedied? This includes torts or the civil law process or quasi-criminal proceedings.