Climate Change and Women: An Intersectional Analysis of the Wet’suwet’en Lawsuit

Geneva Montagna

The piece highlights that climate change exacerbates existing inequalities, disproportionately affecting marginalized communities, especially women and Indigenous Peoples. Through an exploration of how these groups experience heightened vulnerabilities and sensitivity to climate impacts, the piece stresses the importance of considering gender and intersectionality in environmental assessments. The Wet’suwet’en lawsuit against the Canadian government serves as an example as a case highlighting the need to address greenhouse gas emissions. However, the piece criticizes the case for overlooking gendered impacts, particularly on Indigenous women. The blog then discusses how climate change affects women differently, emphasizing food security, health, and systemic barriers faced by Indigenous women. Through discussing the lawsuit’s dismissal, the ongoing appeal focusing on Indigenous rights is further considered. Policy considerations highlight the need for inclusive approaches, acknowledging Indigenous women's unique knowledge and roles. The piece highlights the necessity of amplifying marginalized voices to effectively combat climate change, emphasizing the interconnectedness of social justice, gender equality, and environmental sustainability.

Introduction 

Climate change amplifies existing inequalities, disproportionately impacting marginalized communities. Within these marginalized groups, women and Indigenous peoples experience heightened vulnerabilities, and remain particularly sensitive to the impacts of climate change. That is, “the consequences of environmental degradation place extra burdens on women’s – and girls’– shoulders, affecting their work, their health and their lives.”[1] An exploration of climate change through an intersectional lens illustrates the importance of different aspects of environmental assessments for Indigenous women. The Wet'suwet'en lawsuit against the Canadian government raises the issue of lowering greenhouse gas emissions that are driving the climate crisis. However, despite the disproportionate effects of climate change on women, the Wet’suwet’en case and current environmental policy proposals fail to consider gendered analyses of climate change. 

How Women, and Indigenous Women, are Affected by Climate Change 

Food security and health impacts illustrate gender-specific vulnerabilities. When food becomes scarce due to climate-related factors, women may bear the brunt of ensuring their families are fed, due to the confines of traditional gendered roles, facing increased stress and nutritional deficiencies.[2] These impacts are particularly worsened for Indigenous women, as “climate change serves as an important stressor on food systems by contributing to supply scarcity and increasing the risks associated with hunting and fishing.”[3] Additionally, climate change can worsen health outcomes, with women facing unique risks.[4] Climate change affects women's ability to seek reproductive and maternity health services, as access to adequate health care, including obtaining reproductive health needs like contraceptives and abortions, is already lacking within under-resourced countries. Thus, “any disaster that limits access will further exacerbate outcomes.”[5] Indigenous women often already have limited access to healthcare services and face systemic barriers in accessing quality care, including geographic isolation, cultural insensitivity, and economic constraints.[6] 

While these are only a few of the ways in which the gendered impacts of climate change affect livelihoods, I argue that environmental policy advancements must consider gendered dynamics to mitigate these effects. The Wet'suwet'en lawsuit addressed that the effects of climate change would destroy their lands, and subsequently sever future generations’ connections to their lands.[7] However, the lawsuit fails to highlight the distinct ways Indigenous women are impacted. 

The Wet'suwet'en Lawsuit Against the Canadian Government 

In 2020, the Wet’suwet’en nation brought forth a motion against the Canadian government after the recent increase in wildfires which caused the destruction of their territories. These manifestations of climate change would have drastic effects on the Wet’suwet’en Indigenous Peoples, “devastat[ing]” their fish stocks and declining game animals.[8] The lawsuit was brought forth in response to these threats, and to urge federal authorities to increase their efforts in reducing greenhouse gas emissions. Canada, despite its recent decrease in greenhouse gas emissions, “continue[s] to fuel the global climate crisis already having an outsized impact on First Nations.”[9] Canada’s Indigenous population has, and continues to, face threats of erasure, resulting from colonial processes, rendering Indigenous Peoples uniquely sensitive to the impacts of climate change.[10] Climate change has a dramatic impact on food insecurity for Indigenous Peoples, jeopardizing health outcomes and exacerbating historic inequalities experienced by Indigenous Peoples.[11] Given Indigenous-specific determinants of health are “linked to past and contemporary colonial policies and practices,”[12] these existing health inequities and inequalities have compounded their vulnerabilities to climate-related health risks. Thus, the reality remains federal climate change policies have failed to consider the impact of climate change on Indigenous nations, despite the placed importance on recognizing Indigenous legal perspectives arise from their sacred relationships to the land and natural world. 

Unfortunately, the Wet’suwet’en case was dismissed by the Federal Court for justiciability reasons. This means the matter was not one within the ambit of the court to decide, and as such, lacked the legal standing to proceed. However, the plaintiffs launched an appeal, which focuses on the inability of Indigenous members to live safely on their lands. The claim focuses on Canada’s section 7 Charter rights, claiming the government’s inaction undermines their rights to equality and to life, liberty, and security of the person. 

This blog post highlights that this lawsuit, and environmental initiatives more broadly, negate discussions on the effects of climate gender on women, particularly, Indigenous women – despite predominately bearing the brunt of the effects of climate change.  

Policy Considerations 

Although women, and​ Indigenous women, are the most affected by climate change and biodiversity loss, they are “often are not well represented” in the discussion of environmental issues.[13] Including considerations of Indigenous women's disproportionate vulnerabilities to the effects of climate change in environmental policy recommendations is crucial for several reasons. Firstly, Indigenous women often possess unique knowledge and perspectives essential for understanding the impacts of climate change on their nations. By incorporating their insights into policy development processes, policymakers can develop more effective and culturally appropriate strategies. Further, Indigenous women play fundamental roles within their communities as caregivers, and ignoring their disproportionate experience of the effects of climate change not only exacerbates existing inequalities but also undermines the resilience and sustainability of Indigenous communities as a whole.[14] Recognizing and addressing the specific challenges faced by Indigenous women is essential for ensuring the well-being and vitality of Indigenous cultures, traditions, and livelihoods.  

The Wet'suwet'en lawsuit fails to advocate for the women who have been overlooked by policy-makers for generation. As Indigenous women’s lived experiences are often shaped by harmful colonialist rhetoric, policy provisions must incorporate Indigenous perspectives. More broadly, by engaging women as active participants in decision-making processes and resource allocation, policymakers can foster more inclusive and sustainable approaches to addressing climate change.[15] This not only enhances the effectiveness and legitimacy of environmental policies but also contributes to broader goals of gender equality, social justice, and environmental sustainability. 

Conclusion 

Climate change affects women and men in distinct ways. The lawsuit brought forth by the Wet’suwet’en nation highlighted the desperate need for the federal government to take greater action in addressing climate change. Given that climate change disproportionately affects women in various ways, there needs to be greater consideration of these intersectional and gendered impacts when advancing policy choices. The voices of women who face vastly different climate challenges ought to be raised.  

We must remember this fundamental truth: “we cannot save the planet without uplifting the voices of those most marginalized.”[16]

Geneva is a 3L, and prior to law school, she completed her BA at McGill as well, majoring in Sociology, while pursuing minors in Political Science and Gender, Sexuality, Feminist and Social Justice Studies. Geneva is a passionate advocate for social justice and gender equality, blending her academic pursuits in law, gender studies, and sociology to effect positive change in society. This piece was made possible through the extensive help and edits of the entire journal team, and from Navya Baradi particularly.  

[1] Irene Dankelman, Gender and Climate Change : An Introduction. (Washington, DC: Earthscan, 2010) at 41.

[2] Care, “Food Security and Gender Equality: A synergistic understudied symphony” (August 2022) at page 2; Sam Sellers, “Climate Change and Gender in Canada: A Review” Environment and Climate Change Canada (March 2018) at page 5l Care, “Food Security and Gender Equality: A synergistic understudied symphony” (August 2022) at 8.

[3] Ibid at 6. 

[4] Kim van Daalen, Laura Jung, Roopa Dhatt, Alexandra L Phelan, “Climate change and gender-based health disparities” The Lancet Planetary Health (2020) 4:2.

[5] Linda C Guidice, Erlidia F Llamas-Clark et al. (2021). “Climate change, women's health, and the role of obstetricians and gynecologists in leadership.” Int J Gynaecol Obstet. (December 2021) 155(3) at 347.

[6] National Collaborating Centre for Indigenous Health (2022). “Climate Change and Indigenous People’s health in Canada” in P. Berry & R. Schnitter (eds.), Health of Canadians in a changing climate: Advancing our knowledge for action [Chapter 2]. (Government of Canada, 2022) at 37. 

[7] Dankelman, supra note 1.

[8] UNEP, “As climate crisis alters their lands, Indigenous Peoples turn to the courts”, UN Environment Programme.

[9] Rall, as quoted in, Human Rights Watch, “Canada: Climate Crisis Toll on First Nations’ Food Supply” (21 October 2020).

[10] National Collaborating Centre for Indigenous Health (2022). “Climate Change and Indigenous People’s health in Canada” in P. Berry & R. Schnitter (eds.), Health of Canadians in a changing climate: Advancing our knowledge for action [Chapter 2]. (Government of Canada, 2022) at 16.  

[11] Human Rights Watch, “‘My Fear is Losing Everything’, The Climate Crisis and First Nations’ Right to Food in Canada” (21 October 2020).

[12] Ibid.

[13] Government of Canada, “Canadian brings a spotlight to global environmental action to help developing countries” (18 August 2023), online < www.international.gc.ca/world-monde/stories-histoires/2023/2023-8-environmental_action-action_environnement.aspx?lang=eng>.

[14] Darcy Leigh, “Colonialism, Gender and the Family in North America: For a Gendered Analysis of Indigenous Struggles.” Studies in Ethnicity and Nationalism 9, no. 1 (2009) at 73.

[15] Ibid at 82.

[16] Leah Thomas. The Intersectional Environmentalist: How to Dismantle Systems of Oppression to Protect People + Planet (New York: Voracious, Little, Brown and Company, 2022) at xi.