Law Reform & Environmental Justice
WHEN has been engaging in evidence-based law and policy reform for 30 years in collaboration with value-aligned organizations. We advocate for stronger laws and policies that address the health inequities faced by women, BIPOC communities and other marginalized populations due to toxic substance exposures. WHEN conducts law and policy reform through an intersectional feminist lens (informed by the gender-based analysis plus (GBA+) methodology) to ensure our advocacy is inclusive and advances environmental justice.
At WHEN, we engage in law reform to better protect vulnerable populations from environmental health harms and to relieve the burden of precautionary consumption from individuals.
our information is evidence based, allowing us to advocate for stronger toxics laws and environmental protection.
Discussion Document on the Implementation Framework for a Right to a Healthy Environment under the Canadian Environmental Protection Act, 1999
Following the United Nations’ recognition of the human right to a healthy environment in 2022, Canada included this right in the reformed Canadian Environmental Protection Act as a guiding principle for decision-making under the Act. The right is currently defined as “the right to clean, healthy and sustainable environment”, but its scope, definition and application will be expanded on in the government’s Implementation Framework. Recognizing that the health of one’s environment is dependent on physiological, socio-environmental and structural factors, WHEN is advocating for the federal government to take an intersectional approach when developing the Implementation Framework.
Bill C-226, National Strategy Respecting Environmental Racism and Environmental Justice Act
Bill C-226 mandates the development of a National Strategy to promote efforts across Canada to advance environmental justice and to assess, prevent and address environmental racism (“National Strategy”). By tabling Bill C-226, Canada is recognizing that environmental risks are not uniformly distributed across populations and certain populations are more likely to experience environmental injustice. Bill C-226 provides opportunity to meaningfully advance intersectional environmental justice, and WHEN is calling on the federal government to pass Bill C-226 without delay.
The purpose of this brief is to provide research and recommendations for consideration by the Senate Committee regarding the importance of developing the National Strategy through an intersectional lens. Notably, Bill C-226 acknowledges the links between race, socioeconomic status, physical location and environmental risk. However, there are additional identity factors (such as sex, gender, culture, age, ability, occupation, etc.) that can intersect and increase a population’s, sub-population’s or individual’s vulnerability to environmental injustices, including health inequities and reduced capacity to participate in environmental decision-making.
Continue reading our recent brief here: https://sencanada.ca/Content/Sen/Committee/441/ENEV/briefs/Women'sHealthyEnvironments_e.pdf
Gender-based Analysis Plus: A Framework for Implementing CEPA Commitments to Vulnerable Populations
WHEN is a strong advocate for the use of GBA+ when government initiatives are being developed, implemented or evaluated because GBA+ provides an intersectional feminist lens through which inequities can be identified and addressed. WHEN also believes the federal government should be held accountable for its international and domestic commitments to conduct GBA+ in the development, implementation and evaluation of all federal government initiatives, including legislation, policies and programs.
Watch Kanisha’s testimony before the Senate Committee on Energy, the Environment and Natural Resources articulating WHEN’s recommendations.
Read Kanisha’s brief highlighting the limitations of CEPA in addressing the health inequities faced by women, Indigenous communities and other vulnerable populations, with recommendations on how to strengthen CEPA.
Read Honour’s brief to the Standing Committee on Environment and Sustainable Development: Bill S-5, Strengthening Environmental Protection for a Healthier Canada Act.
What is Gender Based-Analysis Plus? Read more here, and follow our blog to learn more!
Plastics Pose a threat to human health
Plastics pose a significant pollution problem and human health threat, both nationally and internationally. Environmental and human health harms are exacerbated by the lack of data collection on plastics in Canada. Current reporting on plastics is based on estimates and not on reported data from the persons who produce, manufacture, import, export, sell and dispose of plastic in Canada. Instituting a federal plastics registry would permit more accurate data on the types of polymers and harmful additives used in particular product categories as well as more precise information on plastics (throughout its lifecycle) used across the Canadian economy. We therefore urge the federal government to require that:
The classes of chemical additives that are in each of the primary resins and/or products (if the chemicals are added after the resin production stage) must be reported in the Registry;
Imports and exports of primary resins, products and non-hazardous plastic waste1 must be reported in the Registry; and
Requests for confidential business information must not impede the comprehensiveness of the data reported in the Registry.
Read more of our recent submission to the Plastics Regulatory Affairs Division
MORE INFORMATION:
Read our collaborative article: Beat Plastic Pollution!
Watch our network’s educational videos to learn more