Our environmental laws are not working. It’s time to change them

An electronic petition addressed to the House of Commons will close for signature today. The e-petition asks Parliament to support the recognition of “ecocide”as a crime in the International Criminal Court (ICC). It was released on March 8 and now has around 1,000 signaturesthe number increases rapidly.

Environmental destruction in Canada

Right now, countries like Canada have a lot of environmental legislation. We have the Canadian Environmental Protection Act, the Impact Assessment Act and more. But these laws are clearly not working. Yes, environmental legislation does important work in mitigating harm to nature, but it fails to mitigate the many pressing environmental crises we face.

Today, thousands of species in Canada are at risk and many of them are being driven to extinction by loss of habitat. ​The Canadian mining industry reports more tailings spills than almost any other country in the world. There it remains A hole between Canada’s climate policies and its international commitments and obligations to reduce greenhouse gas emissions.

Environmental NGOs report that the federal government provides billions to the fossil fuel industry each year. Environmental Defense finds The government provided at least $18.6 billion in 2023, including $8 billion in loan guarantees for the Trans Mountain expansion pipeline and $7.3 billion in public financing through Export Development Canada. Meanwhile, wildfires, droughts and floods continue worse across the country.

The list goes on, but I think my point is clear. If the underlying goal of Canada’s environmental legislation is to prevent the most serious forms of environmental damage, then it is simply not working. Atrocious damage continues to be done to the planet with no possibility of recourse.

Corporations are fined, governments are sued, but the individuals who make decisions to finance fossil fuels, overlook regulatory failures, launch new industrial projects in fragile ecosystems and increase the environmental destruction of Canadian companies abroad are not considered responsible. This is where criminalizing ecocide could be a turnkey solution.

The movement to stop ecocide

Stop Ecocide Canada is the national branch of a growing global movement to make serious harm to the environment (ecocide) an international crime. The idea is to add ecocide to the ICC’s Rome Statute along with its four current crimes: genocide, war crimes, crimes against humanity and crimes of aggression. By doing so, the ICC would recognize ecocide as one of the most important and heinous crimes occurring around the world today.

An e-petition asks Parliament to support the recognition of “ecocide” as a crime before the International Criminal Court, writes Amalie Wilkinson @StopEcocideCan #ecocide #ClimateJustice #StopEcocide #cdnpoli

The ICC prosecutes those most responsible for its crimes, such as key political or military leaders. However, it is a court of last resort. In other words, the ICC only intervenes when countries demonstrate that they are unwilling or unable to prosecute those responsible for atrocious crimes against peace. So, when a new crime is added to the Rome Statute, countries that sign it have an obligation to implement that crime in their domestic legislation. It would create a basic legal framework to enable and pressure states around the world to create and enforce their own legislation, to hold accountable the individuals most responsible for mass pollution events, biodiversity loss and other environmental catastrophes.

Make ecocide a crime

There are 124 states that are party to the ICC. Each year, representatives of these countries meet at the Assembly of States Parties, the court’s governing body. Any state can propose an amendment to make ecocide a fifth offense. After an admissibility process and debates, two-thirds of the parties must vote in favor of adopting the amendment. At this point, states will be able to sign and accept the court’s jurisdiction to prosecute the new crime.

In recent years, more and more states around the world have expressed their support for taking this forward. In December 2019, Vanuatu and the Maldives They were the first to call for serious consideration of ecocide as a crime at the ICC. Since then, climate-vulnerable small island developing states have been leading the way, with Vanuatu at the forefront of calls to criminalize mass environmental destruction. More recently, countries such as Chile, Belgium and Brazil have sought to criminalize ecocide in their domestic legislation. Dozens more have political parties or government officials expressing support. In 2024, the European Union adopted a new directive on environmental crimes which includes crimes comparable to ecocide.

Canada’s role

The movement to stop ecocide in Canada began in 2020. We have met with parliamentarians from all major parties, ensuring public participation. cross-party support by Jenica Atwin, Elizabeth May, Alexandre Boulerice, Patrick Weiler and many others. We have also launched strong grassroots campaigns, reaching Canadians across the country through webinars, podcasts, petitions, canvassing campaigns, artwork, rallies and panels.

Currently, we are conducting a formal electronic request to the Canadian government that will close today. Once closed, the e-petition will be read before the House of Commons. This represents an opportunity for Canada to step forward and fill a glaring gap in its existing environmental legislation. The federal government should recognize ecocide as a domestic crime in Canada and support the move to make ecocide a fifth offense at the ICC.

Climate change, biodiversity loss, plastic pollution, waste spills, resource depletion: these crises are pressing. They threaten not only the environment, but also human lives around the world.

Through this e-petition, Canadians are speaking out and demanding real action. We demand the prevention of widespread and long-term environmental damage. We demand true accountability when environmental destruction causes serious consequences for people and the planet.

Amalie Wilkinson (they/xe) is the founder of Stop Ecocide Toronto and a youth ambassador for Stop Ecocide Canada. They have a bachelor’s degree in international relations and peace, conflict and justice studies from the University of Toronto.

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