Prosecutions are legal actions brought in criminal court for a violation of the Criminal Code and are generally conducted by Crown Prosecutors. However, there is another option known as a private prosecution which can be brought by individuals for offences committed under other statutes – including environmental law.

Private Prosecutions

A private prosecution is a legal action brought in the criminal courts by an individual rather than the government. In the environmental realm, private prosecutions can be brought by individuals to address environmental harms that are considered offences under the relevant statute.

The Environmental Law Centre has a breadth of materials to read more about private prosecutions including:

• Fact Sheet: Private Prosecution and Environmental Law
• Environmental Rights in Alberta – Module 3: Private Enforcement for Environmental Quality
• Enforcing Environmental Law: A Guide to Private Prosecution

If nature had rights, private prosecutions may be another method for interested citizens to get the breach of these rights before a court.

Ecocide

Another option for the prosecution of criminal offences committed against nature is through the crime 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.” ¹

The crime of ecocide does not yet exist in Canadian law but to read more about this option for the protection of the rights of nature skip to our section on Emerging Tools.