Nathalie Chalifour
@N_Chalifour
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Full professor - Professeure titutlaire @uocommonlaw @commonlawfr @celgs @ieuottawa - Climate change law; Environmental law & justice; Constitutional law.
Ottawa
Joined August 2011
How can Canada’s Constitution support climate action? Professor Nathalie Chalifour’s @N_Chalifour new book, “Climate Change and the Canadian Constitution”, offers an urgent legal lens on the climate crisis. @utpress Read more: https://t.co/piac1HizNc
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“This important book on climate change and the Canadian constitution is essential for anyone interested in how the country will find its way through the worsening #ClimateCrisis.” Stepan Wood @allardlaw Learn more: https://t.co/tFeadAeDnp
@N_Chalifour @CELGS #ClimateLaw
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Historic day at The Hague as the judges of the ICJ have just entered a packed courtroom for the delivery of the historic Advisory Opinion on climate change. Huge tension in the air ...
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The #ClimateICJAO confirms that those who polluted must answer to those who paid the price. People cannot thrive in a polluted world. This is what #ClimateJusticeAtTheICJ means. #AOLetsGO Like, share, and comment if you believe in righting the wrongs.
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PRESS RELEASE: The #ICJ today delivered its Advisory Opinion on the Obligations of States in respect of Climate Change. https://t.co/mDbg1jgeUN
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READ HERE: The summary of the #ICJ Advisory Opinion on the Obligations of States in respect of Climate Change. https://t.co/7TWc7ifwfX
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🌍 BREAKING: Climate impunity ends today - by order of the world’s highest court. The @CIJ_ICJ has spoken: ✅ States are legally obliged to act ✅ Inaction = human rights violation ✅ Polluters must be held accountable This is a legal revolution for our planet.
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It is important that the re-hearing of the case be expedited to avoid further delays given the urgency of the situation. As the court noted, every emission adds to warming that is essentially irreversible. How many more days do the kids have to wait for an answer?
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10. Ordering Ontario to set a science-based target consistent with its international consensus is appropriate if a violation of Charter rights is found.
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9. Important questions left unaddressed by the lower court include whether Ontario’s target breached Charter rights of Indigenous peoples & their section 35 rights & recognition of unwritten constitutional principles such as societal preservation and ecological sustainability.
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8. There is a large, unexplained gap (qualified as severely deficient by lower court) between international scientific consensus about what is required and Ontario’s Target.
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7. Children, Indigenous Peoples & future generations will be uniquely and disproportionately impacted by the devastating effects of climate change.
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6. Each increment of warming increases chance of large-scale, devastating climate tipping points being crossed.
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5. With each additional degree of warming comes increased probability of large-scale displacement, food security crises & climate-related violence & conflict.
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4. Uncontroverted evidence of harm includes: Smoke from climate related wildfires will cause more death & illness for Ontarions; climate change linked to serious & wide-ranging mental health impacts.
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3. Uncontroverted evidence of harm includes: Canada warming 2x as fast as the global average; deaths in ON will increase significantly if global temps rise +1.5 C.
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2. When Ontario set a target, that target became subject to Charter scrutiny. Whether the target violates the youth’s rights must now be squarely addressed by the court.
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1. Justiciability is no longer a live issue – whether Ontario’s climate target and plan is constitutional is a legitimate question for the courts.
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Some noteworthy takeaways from yesterday’s decision in the youth-led climate case Mathur v Ontario. https://t.co/dw8LiKzpzY 1/10
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HUGE NEWS: 7 youth who took the Ford gov't to court — arguing axing cap+trade violated Charter rights — have won their appeal. Judges said Ontario's failure to reduce emissions was "contributing to an increase in the risk of death & in the risks disproportionately faced by" youth
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