Nature’s Rights from Human’s Wrongs: Is the Magpie an Egalitarian Reorientation of Environmental Law in Canada?
Year: 2024
Type: article
Abstract: This paper explores the ethical considerations surrounding environmental law in Canada, contrasting two different approaches – the anthropocentric utilitarian perspective with an ecocentric egalitarian approach grounded in Indigenous laws. Focusing on the operationalization of rights for natural entities through the lens of the Magpie River, the first case of the Rights of Nature in Canada. I argue this movement represents a shift from Western anthropocentrism to an ecocentric and egalitarian framework. This transformation is essential for meaningful application of the Rights of Nature and fostering a harmonious human-environment relationship. Furthermore, incorporating Indigenous laws into Western legal systems to address environmental concerns would promote Canada’s environmental and reconciliation commitments.
Author: Labelle, Taylor
Language: English
Topic: Environmental law and policy
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W7215286349