by Todd Wildermuth, School of Law<\/p>\n
Drawing from\u00a0The Environmental Rights Revolution<\/i>, he discussed the sudden and widespread human rights phenomenon of constitutional provisions to a healthy environmental across the globe. As of 1972, there were no constitutions in the world that incorporated environmental rights. Dr. Boyd\u2019s extensive research demonstrates that today three-quarters of the world\u2019s constitutions include explicit references to environmental rights and\/or environmental responsibilities. And this has been a revolution of rights on more than paper alone, he added: Constitutional environmental protection is consistently correlated with superior environmental performance by a variety of metrics.On April 8, scholar, lawyer, and author David R. Boyd visited the University of Washington School of Law as part of an ongoing collaboration with the Center for Canadian Studies. Dr. Boyd presented selections from his two latest books, both published in 2012 by the University of British Columbia Press.<\/p>\n
Contrary to the worldwide trend, however, both the United States and Canada are prominent among the countries missing such provisions in their constitutions. Boyd argues with equal parts reason and passion that the time has come for Canada to adopt a constitutional provision ensuring all Canadians a right to a healthy environment \u2013 hence the title of his other recent book,\u00a0The Right to a Healthy Environment in Canada: Revitalizing Canada\u2019s Constitution<\/i>. In this emphasis he joins a long history in Canada of similar efforts \u2013 from Pierre Trudeau\u2019s environmental leadership starting in the 1960s, to periodic efforts by Canadian activist lawyers since the 1970s, to a legislative effort in 2011 that resulted in a near-miss for a Canadian Environmental Bill of Rights. Yes, Canada\u2019s constitution is notoriously difficult to amend, Boyd admitted, and the debacles of Meech Lake and the Charlottetown Accord highlight that fact. But the Canadian constitution has been successfully amended at least 11 times since 1982. Constitutional change is distinctly possible, even if challenging.<\/p>\n
Canada has – in Boyd\u2019s terms, and right along with the U.S. – turned from an environmental leader to a disappointing environmental laggard. Establishing a constitutional right to a clean environment could turn this around. \u201cBy converting our highest ideals into constitutional rights and responsibilities,\u201d he argues, \u201cwe can build the Canada we want\u201d and lead once again.<\/p>\n
Todd A. Wildermuth is Scholar in Residence at the University of Washington School of Law and recently joined the Canadian Studies Center as an Affiliated Faculty. He teaches courses in land use permitting and land conservation, and coordinates the environmental and natural resource law program of the law school. Todd is currently using the Alberatan oil sands controversies in a case study for a Spring 2013 the U.W. Program on the Environment honors seminar.<\/i><\/p>\n","protected":false},"excerpt":{"rendered":"
by Todd Wildermuth, School of Law Drawing from\u00a0The Environmental Rights Revolution, he discussed the sudden and widespread human rights phenomenon of constitutional provisions to a healthy environmental across the globe. As of 1972, there were no constitutions in the world that incorporated environmental rights. Dr. Boyd\u2019s extensive research demonstrates that today three-quarters of the world\u2019s<\/p>\n