Of course, this right has been considered by courts in more than 60 countries over the past four decades. Basically, they will look at the environmental standards that a government has set.
For example, if we're talking about an air pollution case, they will look at the Canadian ambient air quality standards, although they are voluntary. They will determine whether the government is meeting its obligations by comparing levels of air pollution in communities to the standards. Those standards should really be consistent with the latest guidance from the World Health Organization or other international bodies in order to ensure that we're making use of the best available scientific evidence.