Brief

Access to Justice and Effective Remedies in the Context of Toxics

Submission to the United Nations’ Special Rapporteur on toxics and human rights, to inform the Rapporteur’s 2025 thematic report to the UN Human Rights Council.

In Canada, the population of Rouyn-Noranda is regularly exposed to toxic emissions that far exceed the standards enforced elsewhere in the province of Québec. Many of the toxic substances emitted into the atmosphere are carcinogenic or potentially carcinogenic. This situation has arisen because the Québec Environment Ministry issued ministerial authorization to the company Glencore to emit concentrations of contaminants at its Horne smelter that are well above national standards. For arsenic alone, the company is authorized to reach an average annual concentration of 45 nanograms per cubic metre of air (45 ng/m3), while the Québec standard is 3 ng/m3. It should be noted that the Québec standard is based on public health studies that support the international guidelines developed by bodies such as the World Health Organization.

It is our view that the case of Rouyn-Noranda is a perfect example of a lack of access to justice and effective remedies for populations affected by the emission of toxic substances. We urge the UN Special Rapporteur to take this situation into consideration when preparing the 2025 report.