From Constitution to Living Land: Environmental Rights and Indigenous Sovereignty in Canada and Chile

Abstract

This paper presents a comparative case analysis between Canada and Chile to examine whether a constitutionally protected right to a healthy environment strengthens Indigenous land sovereignty. The analysis focuses on judicial interpretations of s.35 within the Charter of Rights and Freedoms and Article 19 of the Chilean Constitution.

The author adopts an in-depth, small-N qualitative analysis of legal cases adjudicated by the supreme courts of the two countries, arguing that the right to a healthy environment entrenched in the Constitution embodies a stronger protection of Indigenous land sovereignty. Furthermore, considering Indigenous Traditional Ecological Knowledge (ITEK) in judicial rulings can further uphold Indigenous rights to land sovereignty.