tansi ninôtemik,
As discussed in a previous blog post, Canada is not bound by the decisions of the Inter-American Court of Human Rights because we have not joined the American Convention on Human Rights.[1] Canadians can, however, file a petition to the Inter-American Commission on Human Rights (IACHR), which would result in the commission issuing recommendations based on breaches to Canada’s obligations under the American Declaration on the Rights and Duties of Man.[2] Searching for remedies, Indigenous people in Canada have filed complaints to the IACHR.[3]
Representing the Arctic Athabaskan Peoples, the Arctic Athabaskan Council filed a petition to the IACHR based on black carbon emissions from Canada causing the Arctic to quickly warm.[4] The petition argued that Canada’s actions infringed the Arctic Athabaskan Peoples’ rights to property, subsistence, health and culture.[5] The petition also stated that Canada had violated the precautionary principle and the principle against transboundary harm in their actions towards the environment.[6] The Arctic Athabaskan Peoples are particularly impacted by climate change and environmental destruction.[7] Their way of life depends on biodiversity being preserved, and their location is one where climate change is particularly devastating.[8]
While the petition articulates strong reasons for action, the IACHR would not have the authority to issue a binding judgement. The petition could add to the public discourse on climate change, shrinking biodiversity, and Indigenous rights. From one perspective, this petition demonstrates that Indigenous groups would likely engage with the Inter-American Court of Human Rights if Canada were to join the Court’s jurisdiction.
Do you think international law can change policy towards the environment through petitions like that of the Arctic Athabaskan Peoples’?
Until next time,
The ReconciliACTION Team
Citations
[1] Margarette May Macaulay, “Canada and the Inter-American Human Rights System” (2022) RQDI 15 at 17.
[2] Agnieszka Szpak, “Arctic Athabaskan Council’s petition to the Inter-American Commission on human rights and climate change—business as usual or a breakthrough?” (2020) 162 Climatic Change 1575 at 1576-1577.
[3] Ibid.
[4] Ibid at 1576.
[5] Ibid.
[6] Ibid at 1577.
[7] Ibid.
[8] Petition to the Inter-American Commission on Human Rights Seeking Relief from Violations of the Rights of Arctic Athabaskan Peoples Resulting from Rapid Arctic Warming and Melting caused by Emissions of Black Carbon by Canada 2013 at 32.
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