Climate Change and the Canadian Constitution

Federalism and Charter Rights in a Warming World
This book explores the critical intersections between constitutional law and climate change, examining disputes over legislative authority to regulate greenhouse gas emissions and the evolving interpretation of Charter rights for youth and future generations.

As Canada grapples with wildfires, floods, and other climate-related disasters, Climate Change and the Canadian Constitution is a timely and critical exploration by leading legal expert Nathalie J. Chalifour, examining the Constitution’s role in navigating and responding to climate change.

Through an analysis of how the Constitution allocates jurisdictional authority to regulate climate-related matters, the book reveals the tensions and opportunities facing governments as they confront the climate crisis in our diverse federation. Chalifour investigates how climate change engages fundamental rights, exploring the issues courts are grappling with as they adjudicate claims by youth and Indigenous Peoples that government inaction on climate change violates their right to life, security of the person, and equality.

As the Supreme Court of Canada recently recognized, climate change is an existential threat that poses a grave risk to humanity’s future. Climate Change and the Canadian Constitution is a crucial resource for the rapidly evolving climate litigation space. Chalifour demonstrates how the Constitution can empower Canadians to confront climate challenges through cooperative federalism and a progressive interpretation of Charter rights.

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