Suing Canada For Air Pollution: Is It Possible?

can i sue canada for air pollution

Air pollution is a pressing issue that affects people worldwide. In recent years, there has been a rise in the number of lawsuits filed against governments and corporations for their failure to address this problem. In Canada, a group of 15 children and teenagers sued the Canadian government for its role in supporting fossil fuels and contributing to dangerous levels of air pollution and climate change. The lawsuit, La Rose v. Her Majesty the Queen, highlights the youth's concerns about their future in a warming world. It alleges that the government has violated their charter rights by causing and allowing harmful levels of greenhouse gas emissions. While this case focuses on climate change, it draws attention to the broader issue of air pollution and its impact on human health and the environment.

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Transboundary air pollution

For instance, airborne pollutants from Mexico and Canada can cross borders and impact the United States. This has led to initiatives like the Canada-US Air Quality Agreement, which aims to reduce the transboundary movement of air pollutants, particularly those contributing to acid rain and smog. The agreement includes commitments on notification and consultation regarding potential and existing sources of transboundary pollution and progress reports. Both countries have successfully reduced transboundary air pollutants through bilateral cooperation, resulting in significant health and environmental benefits.

Combatting this issue requires collective efforts from governments, industries, and individuals. Some ways to contribute include reducing carbon footprints, supporting clean and renewable energy sources, making eco-friendly choices, advocating for sustainable practices, planting trees, properly disposing of hazardous waste, and reducing water usage.

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Canada-US Air Quality Agreement

The Canada-US Air Quality Agreement (AQA) is a legally binding treaty signed and ratified on March 13, 1991, by the Canadian and US governments to address cross-border air pollution. The agreement was amended in 2000 to include an Ozone Annex and further reduce transboundary smog emissions.

Under the agreement, both countries committed to reducing their emissions of sulphur dioxide (SO2) and nitrogen oxides (NOx), the primary precursors to acid rain. The 2000 amendment added commitments to control and reduce emissions of NOx and volatile organic compounds (VOCs), which are the precursors to ground-level ozone, a key component of smog.

The agreement includes three annexes:

  • Annex I (Acid Rain Annex): This annex contains specific objectives to reduce emissions of SO2 and NOx. Canada committed to reducing its annual SO2 emissions in its seven easternmost provinces and implementing a national emissions cap by 2000. It also agreed to reduce annual stationary source NOx emissions and develop further annual NOx emission reduction requirements.
  • Annex II (Scientific and Technical Cooperation): This annex includes guidelines for scientific and technical activities, economic research, and the exchange of information related to air quality, acid deposition, and other areas of mutual interest.
  • Annex III (Ozone Annex): This annex includes commitments by both countries to reduce their emissions of NOx and VOCs to achieve the Canada-wide Standard for Ozone and the National Ambient Air Quality Standard for Ozone in the US.

The agreement established a bilateral Air Quality Committee co-chaired by both countries to administer the overall implementation of the agreement. This committee meets annually to review progress and discuss issues of mutual interest. The agreement also requires both countries to produce and release progress reports every two years and conduct a comprehensive review and assessment every five years.

Since the implementation of the agreement, both Canada and the US have made significant progress in reducing emissions of pollutants that cause acid rain and ground-level ozone. As of 2020, emissions of sulphur dioxide in Canada and the US had decreased by 78% and 92%, respectively, from 1990 emission levels. Between 1990 and 2020, there were also significant reductions in the deposition of wet sulphate and wet nitrate in eastern Canada and the eastern US.

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Air pollution and health issues

Air pollution is a mix of hazardous substances from both human-made and natural sources. It is a major threat to global health, causing more than 6.5 million deaths each year, a number that has increased over the past two decades. The primary sources of human-made air pollution are vehicle emissions, fuel oils, natural gas used to heat homes, manufacturing by-products, power generation, and chemical production fumes. Nature also releases hazardous substances, such as smoke from wildfires, ash and gases from volcanic eruptions, and methane from decomposing organic matter.

Traffic-Related Air Pollution (TRAP) is a mixture of gases and particles, containing most of the elements of human-made air pollution: ground-level ozone, various forms of carbon, nitrogen oxides, sulfur oxides, volatile organic compounds, polycyclic aromatic hydrocarbons, and fine particulate matter. Ozone, an atmospheric gas, becomes smog at ground level and is created when pollutants from cars, power plants, industrial boilers, refineries, and other sources chemically react in the presence of sunlight.

Particulate matter (PM), composed of chemicals like sulfates, nitrates, carbon, or mineral dusts, is another significant contributor to air pollution. Vehicle and industrial emissions, cigarette smoke, and burning organic matter, such as wildfires, all contain PM. Fine particulate matter (PM2.5) is particularly harmful as it can be inhaled deeply into the lung tissue, leading to serious health problems. Exposure to high levels of PM can cause respiratory infections, aggravate asthma, and lead to reduced lung function. Long-term exposure increases the risk of stroke, heart disease, chronic obstructive pulmonary disease, and cancer.

Air pollution has been linked to a range of adverse health effects, including respiratory and cardiovascular diseases, diabetes mellitus, obesity, reproductive, neurological, and immune system disorders. It can also impact lung development and is implicated in the development of emphysema, asthma, and other respiratory diseases. Research has shown that certain groups are more vulnerable to the harmful effects of air pollution, including children, the elderly, pregnant women, and individuals with pre-existing health conditions.

Addressing air pollution is crucial not only for the environment but also for protecting public health and reducing the burden of disease associated with air pollution exposure.

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Climate change and air quality

Firstly, climate change is leading to increased pollution. This includes a rise in the levels of harmful pollutants in the atmosphere, such as carbon-based fuels, volatile organic compounds (VOCs), and nitrogen oxides (NOx). These pollutants are released through human activities, such as transportation and industrial processes, as well as natural processes like forest fires. The increase in pollution has a direct impact on the health of Canadians, with medical research linking air pollution to various health issues, including respiratory and cardiovascular illnesses, and even premature death.

Secondly, extreme heat events, which are becoming more frequent due to climate change, exacerbate the issue of poor air quality. High temperatures can cause an increase in ground-level ozone (O3), a key component of smog, and can also worsen the effects of other pollutants, making them more harmful to human health.

Lastly, climate change is increasing the frequency and intensity of wildfires, which produce dense smoke that is a significant form of air pollution. This wildfire smoke can cause a range of health issues, from minor eye irritation and coughing to more severe problems such as asthma, bronchitis, and even lung damage. The impact of wildfire smoke on health is not limited to those living in fire-prone areas, as smoke can easily travel long distances.

To address these challenges, individuals and the government must work together to reduce emissions and pollution. This includes adopting more sustainable practices, such as using public transportation, reducing energy consumption, and transitioning to cleaner technologies. Additionally, better forest management strategies are needed to lower wildfire risks. By taking these actions, Canadians can protect their health and contribute to the global effort to fight climate change.

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Air quality standards

Canada has established air quality standards for five key air pollutants: fine particulate matter (PM2.5), ground-level ozone (O3), nitrogen dioxide (NO2), sulphur dioxide (SO2), and volatile organic compounds (VOCs). These standards serve as targets for air quality improvement and are monitored through the National Air Pollution Surveillance Program.

The Canadian Ambient Air Quality Standards (CAAQS) were introduced in 2013 as non-binding objectives under the Canadian Environmental Protection Act. The CAAQS set stricter targets for ozone and PM2.5 compared to the previous Canada-wide Standards (CWS) and introduced an annual standard for PM2.5 to protect human health from long-term exposure to fine particles. The CAAQS values vary for each pollutant and are based on measurements such as the annual mean, the 98th percentile measurement, and the annual 4th highest daily maximum eight-hour running average.

In addition to the CAAQS, Canada has implemented regulatory and non-regulatory measures to reduce air pollutant emissions from major sources such as industry, transportation, and consumer products. The Air Quality Management System (AQMS) is a collaborative national framework that aims to protect human health and the environment by improving air quality. As part of the AQMS, Alberta was divided into six air zones, each with specific management levels and objectives to ensure compliance with the national air quality standards.

Canada also has bilateral agreements with the United States, such as the Canada-US Air Quality Agreement, to address transboundary air pollution and collaborate on scientific activities related to air quality.

Reversing Air Pollution: Is It Possible?

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Frequently asked questions

As an individual, you may be able to sue the Canadian government for air pollution, but this would depend on a variety of factors. For example, in 2019, 15 children and teenagers sued the Canadian government for failing to address climate change and jeopardizing their rights as citizens. The lawsuit was based on the legal principle of the public trust doctrine, which states that certain natural resources are preserved for public use, and that the government has an obligation to protect those resources.

The Canada-US Air Quality Agreement is a legally binding treaty signed by Canada and the United States in 1991 to address transboundary air pollution leading to acid rain and smog. The agreement includes commitments to reduce emissions of sulphur dioxide and nitrogen oxides, the primary precursors to acid rain, and to work together on scientific and technical cooperation related to air quality.

The Ozone Annex is an amendment to the Canada-US Air Quality Agreement that was added in December 2000 to address transboundary air pollution leading to high ambient levels of ground-level ozone, a major component of smog. The long-term goal of the Ozone Annex is for both countries to attain the ozone air quality standards.

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