Are women under 50 the new face of mesothelioma?

Are women under 50 the new face of mesothelioma?

By Kanisha Acharya-Patel & Anna-Liza Badaloo | Opinion | July 25th 2024

See original publication at: https://www.nationalobserver.com/2024/07/25/opinion/are-women-under-50-new-face-mesothelioma


For the purposes of this article, we use the term ‘women’ to include people with ovaries and people who identify as women, recognizing that both sex and gender affect vulnerability to asbestos-related illness.

Mesothelioma has long been considered an “old man’s disease” because people working in high-risk industries — like construction, mining and firefighting — were most likely to be diagnosed with the rare, aggressive cancer caused by asbestos exposure decades later. But a new face of mesothelioma is emerging: women under the age of 50 with no known asbestos exposures.

Take Sheila Colla, a 41-year-old racialized woman, associate professor, and mother of two young children. Last fall, Colla was diagnosed with biphasic pleural mesothelioma, which affects the lining of the lungs.

Sheila Colla, sharing her story with the WHEN community

Sheila Colla sharing her experience with the WHEN community

“I grew up in the city of Toronto, I lived in North York and Scarborough. We rented most of our lives, so I never lived through renovations of houses. I just went to really old schools and old community centers here,” Colla explains. “I've been exposed to asbestos somewhere in the city. And I don't know how it happened.”

The truth about asbestos

Asbestos is a mineral that, a generation ago, was commonly used in building materials to make them long-lasting and fire-resistant. Inhaling asbestos fibres can cause mesothelioma, lung cancer, and scar the lungs (asbestosis). Mesothelioma typically develops 15-40 years after asbestos exposure. This, coupled with multiple possible sources of non-occupational exposure to asbestos (including environmental exposures), makes it almost impossible to pinpoint the “where” and “when.”

Asbestos can be found in older car parts, in our roads, and in the building materials of our homes, schools and workplaces (especially buildings constructed before 1990). Asbestos has also been found in Canadians’ drinking water, because the asbestos cement pipes that carry our drinking water are deteriorating. Ingesting asbestos via drinking water may cause mesothelioma in the lining of the abdominal organs (peritoneal mesothelioma); the evidence of potential harm is strong enough that the U.S. Environmental Protection Agency (EPA) considers asbestos to likely be a human carcinogen when ingested.

Talc (the main ingredient in baby powder, also found in cosmetics such as blush, bronzer, and eye make-up) is an often-overlooked source of asbestos exposure. Talc is a natural mineral that often forms in close proximity to asbestos, thus raising the risk of asbestos contamination. In fact, exposure through asbestos-contaminated talc explains many cases of mesothelioma once deemed idiopathic (i.e. no known cause), especially among women.

Regular use of baby powder is common amongst racialized women — but this isn’t a coincidence. Baby powder was initially marketed to mothers for diaper changes. But when studies in the 1950s revealed the health risks of breathing in talc, Johnson & Johnson shifted their advertising focus to young women as a “simple, feminine way to smell clean and fresh” — perpetuating the misogynistic myth that vaginas are dirty — and to Black and Hispanic women, capitalizing on the racist stereotype that women of colour are inherently unclean.

In 2019, the United States Food and Drug Administration ordered a recall of certain Johnson & Johnson baby powder products after testing showed trace levels of asbestos. Johnson & Johnson has been criticized for continuing to sell talc-based products despite knowing about potential asbestos contamination.

“They knew that they had asbestos in their product, and they still sold it,” Sheila Colla explains. “We had baby powder in our house for 12 years — maybe I was exposed that way.” Now, Colla is considering joining others pursuing legal action against the company.

With so many potential asbestos exposure sources, how can we avoid it?

The short answer is, we can’t. The responsibility of avoiding exposure cannot fall on the individual; it is our governments’ responsibility, and they’re not doing enough.

Health Canada introduced regulations in 2018 that prohibit the manufacture, import, sale and use of asbestos and asbestos-containing products. But this ban does nothing about the structures and products that already contained asbestos before 2018, and has some dangerous exemptions that will continue to expose workers and nearby communities. The ban also doesn’t impact the occupational exposure limit for asbestos, even though there is no safe level of exposure and Canada’s limit is 10 times higher than that of the European Union.

Health Canada claims that asbestos in building materials is not dangerous if left undisturbed, and suggests that anyone doing renovations or activities that may disturb the asbestos should hire asbestos testing and removal professionals. But how will that prevent everyday asbestos exposures like walking past (or living and working near) active construction sites?

Despite growing concerns and calls for action, Health Canada refuses to investigate water as a source of asbestos exposure or establish drinking water guidelines. This is because it has determined “there is no consistent, convincing evidence that asbestos ingested through water is harmful to your health,” even if pipe deterioration increases levels of asbestos in drinking water. Health Canada claims that this conclusion is supported by the World Health Organization, but fails to mention WHO’s acknowledgement that lack of data should not stop countries from taking action to reduce asbestos exposure through drinking water, including by replacing asbestos-cement pipes.

Alarmingly, Health Canada does not have to approve consumer products and cosmetics like baby powder before they are sold. Given that Health Canada permits trace levels of asbestos in consumer products, doesn’t regularly test cosmetics for toxic substances (and finds high rates of non-compliance when it does), it is quite possible that asbestos-contaminated talc products are on Canadian shelves as we speak.

Asbestos exposure is an environmental justice issue

Thanks to targeted marketing and eurocentric beauty standards, women (racialized women in particular) are more likely to be exposed to asbestos in talc-containing personal care products. Low-income and racialized communities in the US and Canada are more likely to live in older homes with deteriorating building materials, less able to cover asbestos testing and removal costs, and are often located closer to environmental hazards such as former asbestos mines and landfills containing asbestos-containing materials.

This is environmental racism, a major issue that our federal government has committed to addressing under Bill C-226 (The National Strategy Respecting Environmental Racism and Environmental Justice Act). This law requires data collection on the link between environmental risk, race and socioeconomic status, and presents a vital opportunity for the government to identify populations that are disproportionately impacted by asbestos exposure and address these health inequities. For example, layering a map of asbestos mines over a map of First Nation reserves could help identify communities facing greater asbestos exposure.

Health Canada needs to take concrete action now to get asbestos out of our buildings, drinking water, roads, and personal care products, as well as expand mesothelioma research to include younger people and women.

Colla is currently undergoing immunotherapy at Princess Margaret hospital, and is doing much better than last fall. But her future is far from certain.

“Mesothelioma has a pretty bad prognosis. If the numbers are right, I probably won't be here in a year. I hope they're wrong, because the numbers are based on 70-plus year-old males,” says Colla.

“I was a newly tenured professor at the height of my career. I have two small kids who are very worried about me. I can’t plan more than three weeks in advance. From day to day, I don’t know how I’m going to feel, if I’ll be able to get out of bed or not.”

You can donate to Sheila Colla’s GoFundMe campaign here.

By Kanisha Acharya-Patel & Anna-Liza Badaloo | Opinion | July 25th 2024

UPDATE: New Talc Restrictions!

UPDATE: NEW TALC RESTRICTIONS!

This blog post was written by Kanisha Acharya-Patel, WHEN’s Law Reform Specialist, and the views expressed are not intended as legal advice.

Earlier this year, we published a blog post regarding the mismanagement of Talc under the Canadian Environmental Protection Act. Talc is a toxic substance contained in thousands of  personal care products (including baby powder, genital wipes and bath bombs) that is known to cause damage to the lungs (from inhalation) and ovarian cancer (from genital exposure to talc). Compared to the general population, people with ovaries are more susceptible to developing ovarian cancer from genital exposure to talc. Further, people with ovaries who identify as women may face greater genital exposure to talc than the general population. This is because of gendered beauty norms that result in personal care products - and specifically “feminine hygiene” products - being disproportionately marketed towards and used by people who identify as women. 

So what’s the issue?

Despite talc being listed as a toxic substance in 2018 because of its potential to harm human health, talc-containing products that may be exposed to the genital area of people with ovaries were not banned or even required to include a cautionary statement regarding ovarian cancer. This interferes with one’s ability to make informed purchases and has no doubt resulted in many preventable genital exposures to talc. 

Many organizations, including WHEN, have been advocating for the ban of talc in personal care products and, at the very least, a requirement that talc-containing products that may be exposed to the genital area of people with ovaries have a cautionary statement regarding the link between genital exposure to talc and ovarian cancer. 

FINALLY - NEW RESTRICTIONS!

In May 2024, Health Canada decided to update the restrictions and labelling requirements for talc under the Cosmetic Ingredient Hotlist (a tool Health Canada uses to communicate to product manufacturers that certain substances, when present in a cosmetic, are prohibited or restricted for use). While this is unfortunately not a ban on talc entirely, these new restrictions are a big step forward in protecting the health of people with ovaries.

The new restrictions include: 

  • Talc is "Not permitted in products intended solely for use in the genital area of those who have ovaries" 

  • "Products that could come in contact with the genital area (for example, diapering products, body powder, bath products)" must include the following cautionary statement: "Do not use in the genital area of those who have ovaries"

At first glance, these restrictions sound great. But, if you really read them, Health Canada is keeping loopholes open - for example, talc could still be contained in body powders that are used in the genital area because the product is not intended solely for use in the genital area. Also, the cautionary statement does not specify why you should not use talc-containing products in the genital area (i.e. that it causes ovarian cancer). Whether intentional or unintentional, Health Canada’s decision means that consumers won’t have all of the necessary information to make an informed choice of whether to buy or use a talc-containing product on their genital area. Personally, I would take a warning more seriously if I knew that there was risk of cancer. Wouldn’t you? 

It remains unclear exactly when these new rules will come into effect, and how they can be enforced, especially for products that are already on the shelves. So, we reached out to Health Canada with the following questions, and received a lengthy response a couple of weeks later.

WHAT DID WE LEARN?

The restrictions are in writing and technically required, which is great, but it’s unclear whether all companies even know about the new restrictions, and public awareness is lacking. There is no real enforcement for these restrictions unless people file complaints and Health Canada chooses to investigate, which puts way too much responsibility on individual consumers. We need Health Canada to do more!

Here’s what Health Canada said:

  1. Will the Natural Health Products Ingredients Database (database of ingredient information) be updated to include "Do not use in the genital area of those who have ovaries" as a required risk statement for talc-containing products that could come in contact with the genital area? Yes, these changes are now reflected in the NHPID.

  2. Why has Health Canada chosen not to include the reason for the cautionary statement (i.e. because genital exposure to talc is linked to ovarian cancer)? The Cosmetics Regulations only require the label to include directions for safe use, and the reason for the cautionary statement is not considered a direction.

  3. Why is the cautionary statement not required for "Products in loose powder form that may be used for diapering", "Other products in loose powder form intended for use on the face or body", "Other products in loose powder form (for example, dry shampoo, foot powder)" and "Other cosmetics", despite the fact that these products could come in contact with the genital area? It is required - all products that could come in contact with the genital area must include the cautionary statement. Products that could come into contact with the genital area that are in loose powder form have additional requirements related to risks of inhalation.

  4. Do these requirements only apply to talc-containing products that have not entered the market? What about products that are already being sold? Health Canada expects industry to take appropriate steps to ensure all products meet the new requirements. So, the requirements technically apply to products that are currently on the shelves but there’s no oversight (which makes us question whether industry will actually do anything).

  5. What actions are being taken to ensure that the new restrictions for talc are followed? Sellers and manufacturers are responsible for ensuring that the requirements are met. This is quite concerning, because without enforcement, what is really incentivizing companies to make these changes? Health Canada will only take enforcement action after complaints are received. Information on how to make a complaint can be found here.

  6. When will these new restrictions come into force? Health Canada did not provide a specific timeline.

  7. How will Health Canada be communicating these new restrictions to consumers in order to increase public awareness? Health Canada says they have engaged in public outreach activities about the risks of talc, but did not specify any new outreach activities regarding the new restrictions. Health Canada sent a notification to subscribers to the Cosmetics Mailing List (WHEN just signed up, and we encourage you to as well!). Health Canada says “efforts are being made to contact companies” that sell products containing talc. This is concerning - why aren’t all companies with products containing talc automatically notified?

  8. Given the rise in cases of mesothelioma (an aggressive form of cancer that usually occurs in the tissue that lines the lungs or the abdomen) due to the use of talc-containing products that have been contaminated with asbestos (a known carcinogen), such as Johnson & Johnson baby powder, will Health Canada be adding a cautionary statement to that effect? No. Health Canada maintains that cosmetic talc is not contaminated with asbestos.

  9. Has the Consumer Product Safety Program (CPSP - branch of Health Canada responsible for identifying, assessing, managing and communicating health and safety risks associated with consumer products and cosmetics) conducted any compliance verification projects (i.e. checking industry’s compliance) for talc-containing personal care products to test whether these products are contaminated with asbestos? If not, is there a way for a member of the public to request that the CPSP conduct this testing? Because this issue relates to asbestos, it is a different government body (i.e. Environment and Climate Change Canada) that is in charge of compliance verification. In 2021, ECCC did testing on 100 samples of talc-based facial cosmetic products and found no asbestos. But we need more routine testing on more than just facial products! Apparently, enforcement officers will “act in accordance with the Compliance and Enforcement Policy”. Suspected violations can be reported to the Enforcement Branch by email at enviroinfo@ec.gc.ca.

SO WHAT NOW?

  • Keep raising awareness about the risks of talc

  • Avoid talc-containing personal care products

  • If you come across a talc-containing personal care product that could come in contact with the genital area of people with ovaries and doesn’t have the hazard label, file a complaint

  • If you’re worried your personal care products, like eye shadow and bronzer, may be contaminated with asbestos, report it to enviroino@ec.gc.ca

Indigenous Communities' Disproportionate Exposure to "Forever Chemicals"

ADDRESSING TOXIC RACISM: BILL C-226 AND INDIGENOUS COMMUNITIES’ DISPROPORTIONATE EXPOSURE TO “FOREVER CHEMICALS”

This blog was written by Lily Farinaccio as part of the Community Research Partnerships in Ethics (TRN407Y1) between Trinity College at the University of Toronto and WHEN under the supervision of Professor Nicole Spiegelaar. For the purposes of this blog post, the term “women” is used to describe those with ovarian reproductive systems. This is not to marginalize bodies that identify as women and do not possess these reproductive systems. Rather, it is intended to highlight how these chemicals differentially interact with certain bodies, creating sex-specific consequences.


Indigenous communities – particularly Indigenous women – face a disproportionate risk of exposure to “forever chemicals” and their health effects. Proposed Bill C-226 offers an important start to tackling cases of environmental racism such as this, but what is needed for its effective implementation?

WHAT IS ENVIRONMENTAL RACISM?

Environmental racism is a form of inequality whereby racialized communities are disproportionately impacted by polluting industries, toxins, and associated health conditions (Waldron, 2018). There are many instances of environmental racism in Canada. One example is the disproportionate exposure to per- and polyfluoroalkyl substances (PFAS), or forever chemicals, faced by Indigenous peoples. 

WHAT ARE PFAS?

PFAS are a group of thousands of synthetic chemicals with grease, heat, and water-resistant properties (Park et al., 2019). They’re used in various industrial applications and consumer products, including non-stick cookware, carpeting, apparel, upholstery, food packaging, firefighting foams, and personal care products (Park et al., 2019; Person and Renfrew, 2024). 

From an environmental health perspective, PFAS are strikingly troublesome. They resist natural processes of degradation and are persistent in the environment and the human body, earning the name forever chemicals (Garcia-Barrios, 2021). They’re also associated with a wide range of health effects, including: 

  • Endocrine, liver, and immunological effects 

  • Thyroid disease

  • Cancers

  • Developmental issues

  • Decreased fertility 

  • Asthma 

  • Decreased vaccine response 

  • Pregnancy-induced hypertension

  • Hypercholesterolemia 

  • (CELA, 2021; Pearson and Renfrew, 2024)

HOW ARE INDIGENOUS COMMUNITIES DISPROPORTIONATELY AFFECTED? 

While all Canadians are routinely exposed to PFAS, several studies have found elevated levels among Indigenous communities (Aker et al., 2023; Caron-Beaudoin et al., 2020; Caron-Beaudoin et al., 2019; Dubeau et al., 2022; Garcia-Barrios et al., 2021). For example, a recent study on First Nations communities in Québec found that concentrations of the forever chemical, perfluorooctanoic acid (PFNA), were 21 times higher than levels in the general Canadian population (Dubeau et al., 2022).

There are a number of potential reasons for these increased PFAS levels. Notably, the consumption of traditional foods such as fish and caribou has been highlighted as a primary exposure pathway for Indigenous communities. This is due to forever chemicals’ ability to bioaccumulate in marine and terrestrial food webs (Aker et al., 2023). 

Given that the consumption of traditional foods has been described as one of the strongest links between Indigenous culture, health, and their environments, the presence of PFAS in traditional food sources is significant: it forces Indigenous communities to make trade-offs between their culture and health. Not only are PFAS harming Indigenous bodies, they’re also forcing Indigenous peoples further from their culture. 

WHAT ARE THE SPECIFIC EFFECTS ON INDIGENOUS WOMEN? 

Forever chemicals are associated with sex-specific health effects. These include fertility complications, such as endometriosis, PCOS, and decreased fertility, as well as the development of melanoma and breast cancer (Cathey et al., 2023; Kim et al., 2020; Mancini et al., 2020; Omoike et al., 2021; Tsai et al., 2015). Given that Indigenous women are at increased risk of exposure to PFAS, they’re at even greater risk of suffering these severe and potentially lethal consequences.  

Indigenous women also bear a disproportionate burden in managing the transmission of PFAS and the related health problems. Mothers can transfer around 40% or more of their PFAS body burden to their infants. Forever chemicals can also be transmitted to children during breastfeeding (Rickard et al., 2022). What’s more, the presence and transmission of PFAS during pregnancy and infancy are associated with various health impacts in children, including suppressed immune responses during childhood, low infant birth weights, and neurotoxic outcomes, such as decreased executive function and lower verbal IQ (Caron-Beaudoin et al., 2020; Rickard et al., 2022).

WHAT IS BILL C-226? 

Bill C-226: An Act Respecting the Development of a National Strategy to Assess, Prevent, and Address Environmental Racism and to Advance Environmental Justice – introduced by Green Party MP Elizabeth May in February 2022 – is legislation targeted at addressing and preventing the unequal environmental harms racialized individuals currently face in Canada. As of October 2023, the bill completed its second reading in the Senate. Once it passes its third reading, it will require the federal government to create a national strategy to address environmental racism. The strategy would include a study investigating the links between race, socioeconomic status, and environmental risk, as well as possible measures to both prevent and address environmental racism. The bill also features a section on consultation, emphasizing that, in formulating the strategy, the Minister of Environment must consult with relevant stakeholders, including Indigenous peoples (Bill C-226). 

Bill C-226 marks an important step towards addressing environmental injustices that cause severe harm among racialized communities across Canada, such as the disproportionate PFAS exposure faced by Indigenous peoples and Indigenous women. Looking forward, it is crucial we think about how it can be implemented effectively. To learn more about WHEN’s recommendations pertaining to the National Strategy, we encourage you to review our submission to the Senate Committee on Energy, the Environment and Natural Resources.

HOW CAN WE EFFECTIVELY IMPLEMENT IT?

MEANINGFUL INDIGENOUS INVOLVEMENT 

To ensure Bill C-226’s efficacy, the involvement of Indigenous communities can’t be performative. When Indigenous peoples aren’t meaningfully involved in decision-making processes, it results in solutions imposed by outsiders that are both inappropriate for and unwelcomed by the community (Black and McBean, 2016). 

Three ways to foster meaningful engagement of Indigenous communities in Bill C-226’s implementation are to:

  • Address the power dynamics in policy making

    • In policy, there’s an inherent power differential between the Canadian government and Indigenous communities. Indigenous peoples are often one of the only Indigenous individuals in the room, working within a colonial government system (Fridkin et al., 2019). When applying Bill C-226, there’s a need to address the power imbalances between the Canadian government and Indigenous communities.

  • Move beyond tokenism

    • Within Canadian policy making, there’s a tendency for Indigenous communities to be involved in tokenistic ways (Fridkin et al., 2019). Meaningful Indigenous involvement in the implementation of Bill C-226 requires moving beyond tokenism and fostering engagement that’s Indigenous-led.

  • Incorporate traditional knowledge

    • Research shows that when traditional knowledge is included in policy development and implementation, it allows for Indigenous participation in decision-making, recognizes the inherent rights of Indigenous peoples, and helps move towards self-determination (Black and McBean, 2016). Traditional knowledge can be used alongside data collection in developing the national strategy, based on what Indigenous peoples consider appropriate.  

CONSIDERING INTERSECTING IDENTITY FACTORS 

In addition to the meaningful involvement of Indigenous communities, Bill C-226 must also consider the impacts of various identity factors, such as sex and gender. These factors intersect with experiences of environmental racism, as highlighted with the case of PFAS exposure among Indigenous women. Because a singular approach doesn’t take into account the disproportionate harm faced by certain individuals, it will limit Bill C-226’s ability to fully address environmental racism.
This can be avoided by applying Gender-Based Analysis Plus (GBA+). GBA+ is a framework used by the Canadian government to understand the potential impacts of a government initiative on a diverse range of individuals by taking sex, gender, age, disability, education, etc. into account (Acharya-Patel, 2022; Women and Gender Equality Canada, 2022). Using GBA+ when implementing Bill C-226 will make sure the national strategy doesn’t neglect how identity factors such as sex complicate experiences of environmental racism. Given the potential of Bill C-226, these recommendations are important to consider as it advances through the legislature.

Read the full report here

WHAT YOU CAN DO

  1. Sign this petition to get Bill C-226 passed: https://davidsuzuki.org/action/support-a-canadian-environmental-justice-law/

  2. Sign this petition to demand a comprehensive ban on PFAS: https://act.environmentaldefence.ca/page/129061/action/1?ea.tracking.id=homepage

  1. Raise awareness: Share this post and tell your friends and families about Bill C-226, environmental racism, and PFAS exposure among Indigenous communities. Knowledge is power!


References

Acharya-Patel. (2022). Gender-Based Analysis Plus: A Framework for Implementing CEPA

Commitments to Vulnerable Populations. Women’s Healthy Environments Network. 

Aker, Amira, et al. (2023). Plasma concentrations of perfluoroalkyl acids and their 

determinants in youth and adults from Nunavik, Canada. Chemosphere, 310. 

Bill C-226, An Act Respecting the Development of a National Strategy to Assess, Prevent,

and Address Environmental Racism and to Advance Environmental Justice, Second Reading, February 2, 2022, 44th Parliament, 1st session. Retrieved from the Parliament of Canada website: https://www.parl.ca/legisinfo/en/bill/44-1/c-226.

Black, Kerry, and McBean, Edward. (2016). Increased Indigenous Participation in

Environmental Decision-Making: A Policy Analysis for the Improvement of Indigenous Health. The International Indigenous Policy Journal, 7(4).

Canadian Environmental Law Association (CELA). (2021). It’s Raining ‘Forever Chemicals’

Across the Great Lakes: Why PFAS Is Now a Public Priority for Elimination Across Canada. Canadian Environmental Law Association.

Caron-Beaudoin, Élyse, et al. (2020). Perfluoralkyl acids in pregnant women from Nunavik

(Québec, Canada): Trends in exposure and associations with country foods consumption. Environment International, 145. 

Caron-Beaudoin, Élyse, et al. (2019). Exposure to perfluoroalkyl substances (PFAS) and

associations with thyroid parameters in First Nation children and youth from Quebec. Environmental International, 12, 13–23. 

Cathey, Amber, et al. (2023). Exploratory profiles of phenols, parabens, and per- and poly-

fluoroalkyl substances among NHANES study participants in association with previous cancer diagnoses. Journal of Exposure Science and Environmental Epidemiology, 33, 687–698. 

Dubeau, Claudelle, et al. (2022). Perfluoroalkyl acid and bisphenol-A exposure via food

sources in four First Nation communities in Québec, Canada. Public Health Nutrition, 29(1), 106–121. 

Fridkin, Alycia, et al. (2019). The RIPPLES of Meaningful Involvement: A Framework for

Meaningfully Involving Indigenous Peoples in Health Policy Decision-Making. The International Indigenous Policy Journal, 10(3).

Garcia-Barrios, Joshua, et al. (2021). Biomarkers of poly-and perfluoroalkyl substances

(PFAS) in Sub-Arctic and Arctic communities in Canada. International Journal of Hygiene and Environmental Health, 235, 1–9.  

Kim, Young Ran, et al. (2020). Per- and poly-fluoroalkyl substances (PFAS) in follicular fluid

from women experiencing infertility in Australia. Environmental Research, 190. 

Mancini, Francesca, et al. (2020). Perfluorinated alkylated substances serum concentration

and breast cancer risk: Evidence from a nested case-control in the French E3N cohort. International Journal of Cancer, 146, 917–928. 

Omoike, Ogbebor, et al. (2021). A cross-sectional study of the association between

perfluorinated chemical exposure and cancers related to deregulation of estrogen receptors. Environmental Research, 196. 

Park, Kyun et al. (2019). Determinants of per- and polyfluoroalkyl substances (PFAS) in

midlife women: Evidence of racial/ethnic and geographic differences in PFAS exposure. Environmental Research, 175, 186–199. 

Pearson, Thomas, and Renfrew, Daniel. (2024). When Toxic Heritage Is Forever: 

Confronting PFAS Contamination and Toxicity as Lived Experience. In Elizabeth Kryder-Reid & Sarah May, Toxic Heritage: Legacies, Futures, and Environmental Injustice (pp. 50-61). Routledge. 

Tsai, Meng-Shen, et al. (2015). Association between perfluoroalkyl substances and

reproductive hormones in adolescents and young adults. International Journal of Environmental Health, 218(5), 437–443. 

Waldron, Ingrid. (2018). There’s Something in the Water: Environmental Racism in

Indigenous and Black Communities. Fernwood Publishing. 

Women and Gender Equality Canada. (2022). Government of Canada’s Approach on 

Gender-Based Analysis Plus. Government of Canada. https://www.canada.ca/en/women-gender-equality/gender-based-analysis-plus/government-approach.html

The Right to a Healthy Environment: What Does it Mean?

The Right to a Healthy Environment: What Does it Mean?

Blog post 4: The Right to a Healthy Environment: What Does it Mean?

This blog post was written by Kanisha Acharya-Patel, WHEN’s Law Reform Specialist, and the views expressed are not intended as legal advice. 

 The Canadian Environmental Protection Act (CEPA), a federal law dedicated to protecting environmental and human health, was amended in 2023 and now states that everyone has the Right to a Healthy Environment (RTHE): an environment that is clean, healthy and sustainable. However, the substance of this right is still unclear, which raises concerns as to its application and enforceability. The federal government has confirmed that the RTHE will not introduce any new enforcement mechanisms, and will more so be a guiding principle for decision-making under CEPA. This begs the question: if a right can’t be enforced, is it really a right?

Additionally, the RTHE is restricted to CEPA, which means that it will not apply to decisions made under other federal laws or provincial/territorial laws, even though many of those laws have direct impacts on human and environmental health (such as the federal Pest Control Products Act, which regulates pesticides). This restricts the reach of the RTHE, and we urge the government to use the Framework to clarify exactly what the RTHE applies to. 

Compared to the 110+ countries that have enshrined the RTHE in their constitution (which means that it is a fundamental, enforceable right protected by the country’s highest law), Canada’s approach is rather underwhelming. However, despite the limited scope of the RTHE, we are hopeful that its implementation will lead to strengthened decision-making under CEPA that prioritizes people and the planet over profit.

 

HOW WILL THE RTHE BE IMPLEMENTED?

The Minister of Health and Minister of Environment are required to develop an Implementation Framework (Framework) for the RTHE by June 2025. Because the Ministers are required to consult interested parties, grassroots organizations, non-governmental organizations and the public during the Framework development process, this presents a window of opportunity for WHEN to advocate for the RTHE to be implemented in a manner that advances environmental justice for all, including our most vulnerable populations*. 

The requirements for the Framework are set out in s. 5.1 of CEPA. In essence, the Framework must provide a definition of the RTHE, explain how the RTHE will be upheld when making decisions under CEPA (such as deciding whether a toxic substance should be allowed to enter the environment), and outline the mechanisms that will be in place to protect the RTHE (such as avenues for enforcement and studies to monitor the health of the environment). The Framework must also elaborate on how the principles that are meant to inform CEPA decision-making and are key to the RTHE will be applied. These principles include:

  • Environmental justice: the avoidance of adverse health effects that disproportionately affect vulnerable populations

  • Intergenerational equity: meeting the needs of the present generation without compromising the ability of future generations to meet their own needs; and

  • Non-regression: includes the continuous improvement in environmental protection

The federal government’s preliminary discussion document on the Framework was released in February 2024 and included a public comment period until April 8 2024; we encourage you to review WHEN’s detailed comments and recommendations here.

 

THE RTHE MUST BE IMPLEMENTED USING AN INTERSECTIONAL APPROACH

WHEN strongly believes that the Framework must be developed using an intersectional approach, to promote environmental justice. An intersectional approach requires consideration of how the Framework may be understood and experienced by diverse populations differently because of their various intersecting identity factors, such as sex, gender, race, and socioeconomic status. 

This intersectional lens is provided by the gender-based analysis plus (GBA+) methodology, because GBA+ is a process for understanding who is impacted by the issue being addressed (i.e. environmental injustice in the form of an unhealthy environment) and how; identifying how the initiative (i.e. RTHE Framework) could be tailored to meet diverse needs of the people directly impacted (specifically vulnerable populations); and discovering, anticipating and mitigating any barriers to accessing or benefiting from the initiative [1]. 

As mentioned in Canada’s Policy on GBA+, GBA+ goes beyond sex and gender to include consideration of other identity factors (i.e. non-exhaustive list including age, disability and economic status), the context within which people live (i.e. systemic/structural factors), and how these factors can intersect and shape one’s legal, social, health and economic opportunities and barriers to accessing systems, programs or services.

Taking an intersectional approach will allow the federal government to meet their responsibility to administer CEPA in a manner that protects the health of vulnerable populations (i.e. group of individuals within the Canadian population who, due to greater susceptibility or greater exposure, may be at an increased risk of experiencing adverse health effects from exposure to substances). 

As the federal government is required to use the GBA+ framework when developing or implementing government initiatives, WHEN is calling on the federal government to use GBA+ when developing Framework. In accordance with Women and Gender Equality Canada’s guidance on GBA+, the federal government must complete the seven steps required to ensure that the full impacts of the new RTHE are considered.

 

BILL C-226, CANADA’S NEW ENVIRONMENTAL JUSTICE LAW, PROVIDES IMPORTANT CONTEXT FOR THE RTHE

Bill C-226, also known as the National Strategy Respecting Environmental Racism and Environmental Justice Act, requires that the federal government develop a National Strategy to promote efforts across Canada to advance environmental justice and to assess, prevent and address environmental racism. 

The notion of environmental racism comes from the fact that environmentally hazardous sites (including landfills and polluting industries) are established in areas inhabited by members of an Indigenous, racialized or other marginalized community. Environmental justice expert Robert Doyle Bullard summarizes environmental racism as:

  • The disproportionate location and greater exposure of Indigenous and racialized communities to contamination and pollution from polluting industries and other environmentally hazardous activities;

  • The lack of political power these communities have for resisting the placement of industrial polluters in their communities;

  • The implementation of policies that sanction the harmful and, in many cases, life-threatening presence of poisons in these communities;

  • The disproportionate negative impacts of environmental policies that result in differential rates of cleanup of environmental contaminants in these communities; and

  • The history of excluding Indigenous and racialized communities from mainstream environmental groups, decision-making boards, commissions and regulatory bodies [2]. 

Environmental racism therefore plays a large role in the health of one’s environment and should be a central consideration in the development of the RTHE Framework. Because the federal government has stated that input received during engagement on the development of the Framework may be used to inform the development of the National Strategy, we hope that the Framework will outline how decision-making under CEPA, in upholding the RTHE, will address the systemic injustices and structural determinants of health that perpetuate inequities against vulnerable populations. 

The inclusion of the RTHE in CEPA coupled with the mandate to develop the National Strategy under Bill C-226 show that the government recognizes that environmental health risks are not uniformly distributed, which is a step in the right direction. However, if the Framework is not developed in collaboration with affected communities or the substance and enforceability of the RTHE is not expanded upon, the RTHE risks simply being a performative amendment to CEPA that will not meaningfully advance environmental justice in Canada.

 

PROTECTING EVERYONE: WHAT’S NEEDED?

Above all, it is crucial that marginalized communities have a seat at the table when the Framework is being developed, and there is a responsibility for the federal government to actively facilitate and fund participation by populations rendered vulnerable, including but not limited to women*, BIPOC communities, young people, and disabled people. Consultation can only be meaningful if done with the goal of receiving feedback and meaningfully taking steps to address concerns [3]. 

WHEN has submitted detailed comments and recommendations to the government regarding the Framework. In summary, WHEN strongly believes that to better protect vulnerable populations and their RTHE, the Framework must provide:

 

A comprehensive description of the RTHE

Canada has defined the RTHE as the right to an environment that is clean, healthy and sustainable, but has said that the substantive meaning of the right in the CEPA context will be elaborated on in the Framework. The definition must clarify what ‘clean, healthy and sustainable’ means and how it will be upheld in CEPA decision-making or enforced by the public or the courts.

 

An explanation of how the RTHE will improve access to justice

As said by MP Elizabeth May, “a non-enforceable [right to a healthy environment] is a bumper sticker. It is good to have in the bill, and people can point to it and say it is improvement; however, it is not a right if we cannot enforce it”. Currently, legal avenues for the public to hold the government accountable under CEPA have too many obstacles (such as lengthy and costly court procedures and unequal access to legal representation), and we hope the Framework will address these issues.

 

An approach to toxic substance regulation that prioritizes the prevention of harm to human and environmental health

Canada’s approach to assessing and managing the risks of a toxic substance assumes that everyone is exposed to the same amount of a toxic substance, and everyone is equally likely to face the same negative health effects from being exposed. This does not account for how physiological identity factors (such as sex and age) and social/environmental identity factors (such as gender, race, income, and physical location) can make someone more likely to be exposed to a substance or more likely to face negative health effects. 

For example, gendered beauty norms result in women using more personal care products than men and therefore being more exposed to toxic substances. Some of these substances also have sex-specific health effects, such as ovarian cancer, that make people with ovaries more likely to get sick than people without ovaries. These differences need to be accounted for. Given that the RTHE is supposed to advance environmental justice (i.e. the avoidance of adverse health effects that disproportionately affect vulnerable populations), we believe the Framework must explain how toxic substance regulation will be strengthened to better protect our health.

 

Effective communication strategies

Communication strategies must ensure that everyone, including our most marginalized populations, has access to information regarding what the RTHE entails, what government actions it applies to, and how it can be enforced. With the RTHE being a guiding principle for decision-making under CEPA rather than an enforceable right, we are concerned that the government will expect the public to simply trust that their decisions are informed by the RTHE. 

The “trust us, we got it right” approach has been widely critiqued for eroding government accountability, and we believe it is important for the government to be transparent by providing accessible, plain language summaries outlining the reasoning behind their decisions made under CEPA and exactly how the decisions uphold the RTHE. Communication strategies must consider the barriers that may exist for certain individuals seeking to enforce their RTHE, including literacy constraints, language barriers, financial constraints, access to the internet, and access to legal advice or representation.

 

GET INVOLVED

Bill C-226 is in its final stage of the legislative process and will hopefully become law in the near future; we encourage you to show your support for environmental justice by signing this petition calling on the Senate to pass Bill C-226 without delay. To learn more about WHEN’s perspective on Bill C-226, please review WHEN’s brief that was submitted to the Senate Committee on Energy, the Environment and Natural Resources for their consideration. 

 One of the primary organizations WHEN is collaborating with on the RTHE is Shake Up The Establishment: a non-partisan, youth-led, registered organization that aims to make credible, evidence-informed information readily available to the Canadian population to promote informed voting, advocacy practices, and political accountability surrounding human and social justice issues that are exacerbated by the climate crisis. Shake Up The Establishment has released an informative blog post regarding opportunities to engage with the federal government’s environmental justice initiatives and continues to provide updates on their website. Check it out!

We also encourage you to register with the federal government’s website on Advancing Environmental Equity, which provides background information on Canada’s initiatives and will alert you of public engagement opportunities.  

 Finally, we invite you to follow the important environmental justice-focused work being done by our colleagues at Shake Up The Establishment, the ENRICH Project, the David Suzuki Foundation, Environmental Defence, the Canadian Association of Physicians for the Environment, the Coalition for Environmental Rights and the Canadian Coalition for Environmental and Climate Justice.


*Note on language: 

WHEN advocates for all women, trans, cis, and Assigned Female at Birth (AFAB) individuals. For the purposes of this blog post, the term ‘women’ is used to describe those with ovarian reproductive systems and/or those who identify as women, recognizing that both sex and gender affect one’s vulnerability to environmental harm.

For simplicity and consistency with CEPA language, WHEN uses the term ‘vulnerable population’ to refer to individuals who are at greater risk of experiencing negative health effects from exposure to environmental contaminants than the general population due to their intersecting identity factors and structural conditions. We recognize that the term ‘vulnerable’ can imply an intrinsic deficit, inferiority or inability to protect one’s own best interests, reduce perceived and actual agency of the individual or group, and result in their further stigmatization and exclusion [4]. We appreciate that Environment and Climate Change Canada and Health Canada are exploring using the term “populations who may be disproportionately impacted” interchangeably with “vulnerable populations” to recognize that many of these populations are not inherently vulnerable but rather that their susceptibility is associated with the circumstances of their lives. However, we encourage the government to further specify the factors that make one “inherently vulnerable” as well as the circumstances that make one more susceptible, in order to increase public awareness around the structural and physiological causes of health inequities.

Statement of Solidarity with Palestine: Sharing Resources, Combating Ignorance and Working Towards Collective Liberation

Statement of Solidarity with Palestine: Sharing Resources, Combating Ignorance and Working Towards Collective Liberation

Content warning: The following statement has content on genocide, ongoing violence in Palestine and incitement of violence against Palestinian people.

Justifiably, there are many emotional responses related to this topic that include grief, fear, anger and frustration. Before you engage with this statement, we encourage you to take a moment to regulate your nervous system in any way you know works best for you (here are some suggestions). As many of us continue to struggle with compassion fatigue, burnout and vicarious trauma, we stress the importance of caring for you so you can care for others. While self-care should not be used as an excuse to tune out, we encourage you to consume media intentionally and mindfully and find your balance between staying informed and protecting your emotional wellbeing.  

WHEN’S STATEMENT

As an organization committed to advancing environmental justice and taking an anti-racist, anti-colonial and intersectional approach to environmental and human rights advocacy, it is in alignment with WHEN’s mission to speak out regarding the ongoing genocide against the Palestinian people. We acknowledge so-called Canada’s historical and present-day relationship with settler-colonialism that allows us to operate from the traditional territories of the Mississaugas of the Credit, the Anishnabeg, the Chippewa, the Haudenosaunee, and the Wendat peoples, and thus recognize our duty to stand against settler colonialism in Palestine. While we draw parallels, we also respect the distinct historical, political, and cultural contexts between Turtle Island and Palestine. 

The actions of the settler Israeli apartheid state in Palestine are breaching international humanitarian law, disproportionately impacting women and girls, and causing significant environmental damage. We stand against Islamophobia and anti-Semitism in any form, both of which continue to gain traction due to the dangerous conflation of anti-Zionism with anti-Semitism. We deeply condemn the indiscriminate killing, arbitrary imprisonment, denial of access to basic human necessities, and seizure of Israeli and Palestinian civilian hostages. In denouncing ideals of settler colonialism, we recognize that this violence did not begin on October, 7th, 2023, and that it instead follows 75 years of Israeli settler-colonial dispossession. We support an immediate ceasefire, the return of all Palestinian and Israeli hostages, and an end to the siege on Gaza (by allowing the unrestricted movement of Palestinians, immediate free flow of clean water, food, medicine, fuel, internet, electricity, and humanitarian aid) and to the ongoing colonial occupation of Palestine. We call on Canada to publicly support the provisional ruling by the International Court of Justice (ICJ), ordering Israel to take immediate measures to prevent genocidal acts in Palestine (an order that has not been complied with). Canada must demand that Israel comply with the ICJ’s orders, including its most recent order for Israel to comply with the Genocide Convention and stop its attack on Rafah (a so-called safe zone).

WHEN is deeply concerned about the trend of censoring those who speak out against the ethnic cleansing, collective punishment and dehumanization of the Palestinian people, as facilitated by the Canadian government. We reject the culture of fear that is keeping individuals and organizations from taking a stance, and regret not releasing this statement sooner. 

ENDORSEMENTS

WHEN endorses the following statement by Shake Up The Establishment: 

“We are against the massacre of Palestinian and Israeli people, and against genocide in all its forms. We support an immediate ceasefire; a return of all hostages, both Palestinian and Jewish– unharmed. The ongoing genocide of the Palestinian peoples necessitates a true end to the violent colonial occupation of Palestine by the settler Israeli government (as enabled by the Canadian government – which we as an organization that supports political accountability work in what is currently Canada, have an obligation to hold accountable). Importantly, we also support carving out space to promote cross-cultural and interfaith dialogues as an antidote towards the anti-Semitism and Islamophobia that continue to polarize us– particularly during a time when we need unity to ensure the safety and wellbeing of all people. A divided people cannot effectively hold governments or power structures accountable for failing to represent them, or their values.”

WHEN also endorses Environmental Defence’s statement regarding Canada’s obligation to uphold the International Court of Justice’s ruling, and statements made by Indigenous Climate Action.


RESOURCES 

In a time of grief, polarization, and deep collective harm, we are amplifying Palestinian and Jewish voices, supporting interfaith discussions, and promoting resource sharing and learning so we can combat ignorance and work towards collective liberation. Below you will find a list of resources intended to increase understanding of what’s happening in Palestine, including links to petitions, donations, social media accounts, podcasts, and articles. 

Please note that this is a working document and we will continue to update it as information becomes available. We welcome any constructive feedback or suggestions on how to improve the comprehensiveness of our list of resources and encourage you to reach out if you come across any problematic resources or organizations. 

Take action

Show your solidarity with the Palestinian people:

Donate to any of the following relief organizations that are on the ground in Gaza:

Background on the occupation of Palestine 

Censorship and discrimination 

Violations of international humanitarian law 

Disproportionate impacts on women and girls 

Environmental degradation 

Instagram accounts to follow

Palestinian Voices

  •  Outside Canada

Jewish voices 

  • In Canada

  • Outside Canada

Palestinian Journalists & perspectives on the Ground

Recent updates, current facts and information

Community organizers 

  • @bdsnationalcommittee – Official page of the Palestinian-led Boycott, Divestment & Sanctions movement

  • @canadians4rpalestine – Canadian advocacy group against anti-Palestinian racism

  • @ceasefirenowca – Ad-hoc coalition of over 200 pan-Canadian labour, faith, Arab, Jewish, and civil society organizations organizing for a permanent ceasefire. 

  • @climate4palestine –Climate organizers in solidarity with Palestinians

  • @labourforpalestine – pan-Canadian network of labour activists working in solidarity with Palestinian workers & people

  • @pymtoronto – Organizing movements in the Greater Toronto Area (GTA) and Kitchener-Waterloo Regions

  • @roads2liberation – Car rally chapters in Durham and Peel

  • @toronto4palestine –  Organizing movements that support Palestinian access to dignity, opportunity, and freedom in Toronto

  • @torontostudentsforpalestine – A coalition of organizing students at the University of Toronto in solidarity with Palestine

Organizations to follow 

Human Rights Watch 

Amnesty International 

Jewish Voices for Peace 

Independent Jewish Voices Canada 

Canadians for Justice and Peace in the Middle East