The Inter-American Court of Human Rights’ Advisory Opinion on the Climate Emergency: Implications for Canada

Abstract

This article analyzes the Inter-American Court of Human Rights’ 2025 advisory opinion on the climate emergency from the perspective of its implications for Canada. The authors identify key legal developments: “climate emergency” as a decisive interpretive element; the peremptory ( jus cogens ) obligation not to generate irreversible harm to the common planetary ecosystem; a new right to a healthy climate; and states’ “enhanced” due diligence obligation. They then discuss the implications of the advisory opinion for Canada, describing the binding nature of its content and identifying its applicability to Mathur v Ontario , La Rose , and Lho’imggin v Canada and the recognition of Mutehekau Shipu/Magpie River’s legal personality.