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Protecting the Earth for Tomorrow

December 2009-Issue 29

Friends of the Earth CANADA E-Newsletter

Friends of the Earth Canada

260 St. Patrick Street, Suite 300                 Ottawa, ON K1N 5K5

(613) 241-0085       www.foecanada.org

December 15 2009— The Government of Canada is facing a landmark legal challenge in the country’s top court for failing to take action on global warming—specifically for refusing to respect a federal law that requires reductions in greenhouse gases.  Late Monday, Friends of the Earth, represented by Ecojustice and Paliare Roland Barristers, filed for leave to argue before the Supreme Court that

 

the Government is breaking Canadian law by failing to comply with the Kyoto Protocol Implementation Act. 

“Canada has failed to take any concrete action to fight climate change despite committing to do so by ratifying the Kyoto Protocol and by parliament passing the KPIA,” says Beatrice Olivastri, CEO Friends of the Earth.  “We submit that not only is this illegal under our parliamentary democracy, it is contrary to Canadian’s deep sense of responsibility to the planet and to humanity’s future.  We want Canada’s Supreme Court to rule on the critical points of law involved.”

“If the government is allowed to continue its clear disregard of this legislation, it can do the same thing with future laws whether on climate change or other fundamental matters,” says Chris Paliare.  “Given the important points of law involved, we think this case clearly deserves to be heard in Canada’s highest court.”   Read media release

The challenge of our lifetimes  “Climate change has been declared by the UN Secretary-General as the challenge of our lifetimes.  Given the immense economic, environmental and social harm that climate change may cause, the scope and scale of climate change-related legal proceedings in Canada are predicted to be extensive.  Already there have been close to 200 climate change-related proceedings brought before U.S. courts in the past 5 years.”

Sliding into old U.S. patterns “Canada has, until now, had a less restrictive rule regarding the justiciability of policy-related matters than the U.S.  The courts below appear to be sliding towards a “political questions” doctrine at the very  time when U.S. appellate courts are increasingly embracing a broader approach to justiciability—and indeed are doing so in the specific context of climate change litigation.”

Absurd Conclusions  “The approach of the courts below leads to the absurd conclusion that Parliament passed “An Act to ensure Canada meets its global climate change obligations under the Kyoto Protocol” without any intent that the Act be followed.  This court (the Supreme Court of Canada) should grant leave to ensure that the rule of law and the role of the courts are maintained, and that the law of justiciability is clarified.”

Highlights from FOE’s application

Chris Paliare, Beatrice Olivastri, Andrew Lokan