Open Letter to the Prime Minister and Incoming Minister of Justice and Attorney General of Canada Regarding Climate Justice


***Update November 8, 2021***

On October 25, 2021 we received a response from the Executive Correspondence Officer, acknowledging receipt on behalf of the Prime Minister. It stated that the comments, offered on behalf of Lawyers for Climate Justice, “have been carefully reviewed.” It also said that the ECO forwarded the correspondence to the Honourable Jonathan Wilkinson, Minister of Environment and Climate Change (as he then was), and the Honourable Bill Blair, Minister of Public Safety and Emergency Preparedness (as he then was), for their information and consideration.


October 14, 2021

Dear Prime Minister Trudeau and the incoming Minister of Justice and Attorney General of Canada,

Climate change is a profound justice issue.

Canada has entered a protracted era of accelerating climate destabilization for which our laws, judicial infrastructure, and justice system were not designed, and to which we must all urgently respond.

As lawyers and legal organizations from diverse practice areas across the country, we implore the next government to take seriously the implications of climate destabilization for our system of laws and the administration of justice in Canada.

Climate destabilization implicates the mandate of the Minister of Justice and Attorney General in a number of ways:

1. Threatening fundamental rights and freedoms

The United Nations Office of the High Commissioner for Human Rights has concluded that climate destabilization threatens the enjoyment of all human rights, including rights to health, water, food, housing, self-determination, and life itself.[1]

This threat is increasing exponentially as greenhouse gas emissions heat the planet more each year. We need look no further than the 570 lives lost to extreme heat in British Columbia earlier this summer to see this growing threat at work.

We urge you to proactively assess, monitor, and mitigate the ways that climate destabilization threatens Canadians’ fundamental rights and freedoms to prevent them from being eroded.

2. Threatening judicial and prison infrastructure

Climate destabilization and extreme weather threaten judicial and prison infrastructure and the justice system participants that depend on it. A proactive approach is urgently needed.

Last year’s deep freeze in Texas offers a darkly cautionary tale. Beset with extreme weather and widespread infrastructure failure, prisoners in Harris County were trapped in inhumane conditions, without running water, blankets or food.[2]

We should not assume that Canada’s judicial and prison infrastructure is any less vulnerable to rising temperatures and dangerous weather extremes. 

We implore you to assess, monitor, and mitigate any vulnerabilities to ensure that justice workers, prisoners, and other justice system actors are protected.

3. Exacerbating inequality, racism, and other systemic injustices

The communities that have contributed the least to climate change are already suffering its worst effects, both in Canada and abroad. 

This includes Indigenous Peoples, who are already over-represented in the Canadian justice system, and whose communities and Section 35 rights are increasingly threatened by the destabilized climate.[3]

The next Minister of Justice and Attorney General should approach their work through a climate lens to avoid exacerbating existing injustices.

We urge you to assess, monitor, and mitigate the impacts of climate disruption on inequality, racism and other systemic injustices in Canada, and on Section 35 rights in particular.

4. Necessitating climate action and climate justice across all federal statutes and forthcoming bills

Climate destabilization implicates every area of law.

Every area of law thus has a role to play in advancing climate action and protecting vulnerable communities from climate risks.

We urge you to review all federal statutes and forthcoming Bills through a climate justice lens and to make all necessary amendments to avoid exacerbating climate change and to ensure that vulnerable populations are meaningfully protected.

 

Sincerely,

Lawyers for Climate Justice

East Coast Environmental Law

Canadian Environmental Law Association

West Coast Environmental Law

Transnational Environmental Law and Policy Clinic - Windsor Law

Osgoode Environmental Justice and Sustainability Clinic

IAVGO Community Legal Clinic

David Khan Law

Calvin Sandborn, Q.C.

Tim Leadem, Q.C.

Deborah Curran

Martin Olszynski

Sharon Mascher

Andrew Petter

David Estrin

Christie McLeod

Sagar Memon

Madison Vonk

Daniel Roth

Riel Hishon

David McRobert

Patricia Lane

Alana Robert

Brian Hebert

Theresa McClenaghan

Kerrie Blaise

Pascale Chapdelaine

Jane Henderson

Erin Gray

Krystal-Anne Roussel

Aldo Chircop

Peter Jones

Meredith James

Laura Track

Jesse Standing

Alexis Giannelia

Shawnee Monchalin

Kelby Loeppky

Kate Meagher

Liam McGuigan

Veronica S. C. Rossos

Breanne Martin

Holiday Powell

Andrew Mendelson

Berry Hykin

Georgia Lloyd-Smith

Naiomi Metallic

Stephanie Hewson

Steven Evans

David VanderZwaag

Muzhgan Wahaj

Maia Jorgensen

Karl Maier

Jessica Proudfoot

Jodi Lazare

Peter Hillson

Camille Labchuk

Anna Johnston

Chris Macleod

Sara Seck

Ga Grant

Aladdin Tingling Diakun

Shin Imai

Anna McIntosh

Amanda Spitzig

Tricia Barry

Dyna Tuytel

James Gunvaldsen Klaassen

Danielle Gallant

Matt Hulse

Bill McIntosh

Patrick C. Canning

David Wu

Phil Dwyer C.M.

Alexia Cadoret

Charlotte Chamberlain

Diane Turner

Matthew Wray

Ioana Dragalin

Ian Moore

Karissa Kelln

Joelle Karras

Jack Lloyd

Maya Stano

Grant Gray

Kathryn Deo

Erin Reimer

Jacqueline Kotyk

Jameela Jeeroburkhan

Élisabeth Patterson

Marc Goldgrub

Sam Harrison

Sarah-Maude Belleville-Chenard

Marc Bishai

Garth Wallbridge

Matthew Nefstead

Simon Owen

Angeline Nyce

Mae Price

Adele Lay

linda locke

Drew Mildon

Heather Mahony

Dominique Nouvet

J. Patrick Brown

Soojin Lee

Richard Corley

Delaney Greig

Gary Campo

Noah Ross

Sean Nixon

Michelle Kushnir

Solomon McKenzie

Jane Barriault

Stephen Hazell

Grace Cheng

Robert Shirkey

Alexa Powell

Eamon Murphy

Richard Schwartz

Natalie Copps

David Khan

Anneke Smit

Travis Allan

Sabaa Ahmad Khan

Jennie Milligan

Andrew Luba

Ava Murphy

Rima Halabi

Christopher Wiebe

Luke Maynard

Annie Alport

Kaitlyn Mitchell

Michael Slattery

[Further signatories]

[1] Office of the High Commissioner for Human Rights, “The impacts of climate change on the effective enjoyment of human rights” (last accessed 26 September 2021), online: <https://www.ohchr.org/EN/Issues/HRAndClimateChange/Pages/AboutClimateChangeHR.aspx>.
[2] Sarah Ruiz-Grossman, “People In Texas Jails Are 'Freezing,' Without Hot Food Or Running Water” (17 February 2021), online: Huffington Post <https://www.huffpost.com/entry/texas-winter-storm-jails-prisons-power-outage_n_602db1dbc5b66da5db9ee685>.
[3] Human Rights Watch, “Canada: Climate Crisis Toll on  First Nations’ Food Supply”, (21 October 2020), online: <https://www.hrw.org/news/2020/10/21/canada-climate-crisis-toll-first-nations-food-supply>.


Instructions for Signing On

Lawyers for Climate Justice welcomes legal organizations and individual lawyers (practicing and non-practicing), irrespective of practice area, to sign on to the open letter below, using the form fields at the bottom of this page.

We are excited to demonstrate the collective voice of legal professionals who recognize that climate change matters for justice and implicates our ethical duties, including duties to improve the administration of justice, champion the rule of law, and safeguard the rights and freedoms of all persons.

Please share this widely with others in your network who may be interested in signing on.

If you have any questions, please email info@lawyers4climate.ca


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