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This case comment on Canada (Attorney General) v Bedford examines the doctrinal developments of section 7 of the Canadian Charter of Rights and Freedoms. Specifically, Bedford discussed three critical aspects of section 7: 1) the role of stare decisis, 2) the issue of causation, and 3) the substantive principles of procedural fairness analysis. The author identifies access to section 7 as the Supreme Court of Canada's predominant concern in the development of section 7 doctrine in Bedford. Unfortunately, this concern has not made for a necessarily more workable or more coherent doctrine. This paper attempts to show how the doctrinal developments in Bedford, especially those relating to the substantive principles of fundamental justice analysis, may 1) do little to benefit a marginalized claimant's opportunity to succeed, and 2) be inappropriate to resolve the complex systemic issues that section 7 readily attracts. [ABSTRACT FROM AUTHOR]

The article discusses the embedding of environmental rights in Section 7 of the Canadian Charter of Rights and Freedoms, focusing on Canadian environmental laws, the country's Constitution, and the efforts to resolve the tension between a need for precaution and a need for environmental harm. Environmental protection, a plaintiff's evidentiary burden of proof, and tobacco damages legislation in Canada are mentioned. Environmental degradation, water scarcity, and food security are examined.