HillNote
In February 2021, the Quebec municipality of Minganie and the Innu Council of Ekuanitshit adopted resolutions asserting legal personhood for Muteshekau-shipu (or the Magpie River). The specific rights asserted for the Magpie River include the right to maintain its natural biodiversity, to perform essential functions within its ecosystem, and to have legal standing in courts. This assertion is the first of its kind in Canada. Over the past several years, some ecosystems – especially rivers – have been granted rights and legal personhood in several countries. Although the context varies, the aim of these developments is generally to allow a river to bring cases – through a legal guardian – to a court on its own behalf. For example, a river with legal personhood could seek a court order to stop actions that cause it harm, such as excessive pollution, regardless of whether a human being’s rights or legal interests are engaged. This Hill Note examines the rights of nature and the assertion of legal personhood for rivers in Canada and abroad.