Our Canadian Constitutional Right to Life — and the Right Not to Be Deprived Thereof

I've been quite buoyed lately by the hard work and legal successes of Our Children's Trust in the United States. It's one NGO that my hubby and I are proud and happy to contribute money (and some time) to.  

I've written about OCT before, here.  Their mandate is to secure the legal right to a stable climate and a healthy atmosphere for all present and future generations.

Ah, those pesky future generations. I've written about them before, too -- here, and here, and here. So today I'd like to tell you what I just found out. Guess what the Canadian Charter of Rights and Freedoms (Constitution Act, 1982) guarantees to all Canadians? Yup, "life, liberty and security of person." Here's what that means: "Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice."

So folks, on the basis of our constitutionally enshrined (ooh, listen to me, all legalesy) legal right #7, we should be suing the @$$es off the federal and provincial governments that aren't taking the climate change emergency seriously! 

And while we're at it, take a look at 15. (1) under the section called Equality Rights: "Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability."

Did you catch that part about age? Children, in other words, also have the right to a secure future. So let's support Our Children's Trust - Canada and get our legal challenges by young people and on behalf of future generations going.

CONSTITUTION ACT, 1982 (80)

PART I

CANADIAN CHARTER OF RIGHTS AND FREEDOMS

 Whereas Canada is founded upon principles that recognize the supremacy of God and the rule of law:

Guarantee of Rights and Freedoms

Rights and freedoms in Canada

1. The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.

Under the section called Legal Rights
 
Life, liberty and security of person

7. Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.

Then, under the section called Equality Rights
 
Equality before and under law and equal protection and benefit of law

15. (1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.

Under the section Enforcement
 
Enforcement of guaranteed rights and freedoms

24. (1) Anyone whose rights or freedoms, as guaranteed by this Charter, have been infringed or denied may apply to a court of competent jurisdiction to obtain such remedy as the court considers appropriate and just in the circumstances.