Canadian Government Sued Over Kyoto
In a press release today, Friends of The Earth Canada has filed a historic first: A lawsuit over global warming.
From the release:
(Ottawa, Canada, May 29, 2007) Friends of the Earth Canada has launched a landmark lawsuit today against the Government of Canada for abandoning its international commitments under the Kyoto Protocol. Filed in Federal Court in Ottawa by Canada’s foremost environmental law organization, Sierra Legal, the lawsuit alleges that the federal government is violating Canadian law by failing to meet its binding international commitments to reduce greenhouse gas emissions.
“Because climate change is the most urgent crisis ever facing the planet, Friends of the Earth is resorting to the courts to require the federal government to respect its Kyoto promises,” says Friends of the Earth Canada Chief Executive Officer Beatrice Olivastri. “While the government talks about ‘Turning the Corner,’ in reality it has made a serious wrong turn that will affect the lives of generations to come.”
The lawsuit is an application for judicial review and alleges that the government’s failure to effectively regulate greenhouse gases is likely to violate the United Nations Framework Convention on Climate Change and the Kyoto Protocol. This violation of international law contravenes section 166 of the Canadian Environmental Protection Act, which states that Canada must abide by its international agreements in preventing pollution.
Details from the application to the court show that the Minister of the Environment John Baird, is being targetted:
The Minister is in continuing breach of s. 166 of the Canadian Environmental Protection Act, 1999, R.S.C. 1999, c. C-33 as amended (the “CEPA”) because his course of action, decisions and inaction are insufficient to comply with s. 166.
Greenhouse gases, as defined by the Kyoto Protocol (”GHGs”), are being released from sources in Canada into the air that create, or may reasonably be anticipated to contribute to, air pollution that violates, or is likely to violate, the United Nations Framework Convention on Climate Change (the “UNFCCC”) and the Kyoto Protocol to the UNFCCC (the “Kyoto Protocol”), international agreements binding on Canada, and the Minister has not taken the required course of action under s. 166 of CEPA.
Therefore the Minister has been, and continues to be, acting without jurisdiction, beyond his jurisdiction, or refusing to exercise his jurisdiction; erring in law; and acting contrary to law within the meaning of sections 18 and 18.1 of the Federal Courts Act.
Sierra Legal is known for it’s work in legal matters pertaining to the environment in Canada.
May 29th, 2007 at 12:02 pm
I wonder what the impact would be if large numbers of Canadians request to have their names added as plaintiffs……..
May 29th, 2007 at 12:05 pm
It is incredibly painful how this is being dragged out. Although the thing truly frightening to me is that the polls continually show the people agree with meeting the Kyoto requirements and agree that we need to leave Afghanistan, and yet, they don’t want an election. Somewhere in time we have apparently become too lazy to meet the easiest duty of the citizen there is - to vote.
And of course, the opposition crows on about the blatant violation of common sense, morality, and so on, but are too afraid to test the people, lest they be punished for giving the people the election they say they don’t want. Not that I necessarily blame the opposition parties for their cowardice. If Harper somehow won a minority in the next election it would simply be disastrous for us all.
Here’s hoping we can get it done through the backdoor then.
May 29th, 2007 at 12:19 pm
[quote comment="14723"]I wonder what the impact would be if large numbers of Canadians request to have their names added as plaintiffs……..[/quote]
Good point, it may get that kind of exposure, and we’ll have to see what happens. Any news on it and I’ll post it.
May 29th, 2007 at 12:48 pm
*Scoff*
Global Warming isn’t real.. everybody knows that!
May 29th, 2007 at 1:01 pm
I wish someone would sue the Bush administration for pulling out of the Kyoto Protocol.
I don’t understand why it is so hard to make small adjustments which will result in saving money, pain, and aggrivation for everyone in the long run.
There is money to be made in this new world order of cleaning up the environment. Not enough money hungry corporations seem to be ready for it though.
May 29th, 2007 at 2:16 pm
[quote comment="14725"][quote comment="14723"]I wonder what the impact would be if large numbers of Canadians request to have their names added as plaintiffs……..[/quote]
Good point, it may get that kind of exposure, and we’ll have to see what happens. Any news on it and I’ll post it.[/quote]
I just emailed Friends of the Earth asking if they would check with their legal beagles about adding the names of private citizens as fellow plaintiffs…will let you know what their response is. :)
May 29th, 2007 at 2:36 pm
I used to work for…..Environmental Protection….it’s quite amazing how little the Public knows about what goes on around them….
I was required to swear ” under Oath ” to not leak anything I saw, heard or witnessed there….
Makes you Wonder….doesn’t it…
May 29th, 2007 at 3:28 pm
J. Canuck, I’d love to know what their response is to your e-mail as well. :)
I am kind of excited to see how far they get and how it goes.
ps. StuRos I agree. Harper is a dangerous man and I feel that he should not have to chance to go around again. Boo.
May 29th, 2007 at 4:09 pm
J. Canuck, great idea. Can’t want to see what the reply is.
May 29th, 2007 at 6:31 pm
I’m glad someone is taking the gov’t to task on this blunder. Signing onto Kyoto then doing crap about it was another typical broken promise by the last Liberal gov’t, and the Conservatives have done almost as bad with their crappy enviro plan.
Politicians suck.
And yes i always wonder why Canadians always say “we don’t want another election”. All that is necessary is to drive to your local voting station & stick a piece of paper in a box. Or maybe people are just afraid that *gasp* they’ll actually have to read the news for awhile leading up the election. Democracy is so hard sometimes isn’t it?
May 30th, 2007 at 6:27 am
The sad truth is that people don’t want another election because then they will have to read about REAL issues instead of just the popular culture junk food that they like to consume - like Paris Hilton’s prison sentence and Nicole Richie’s memorial day party. People don’t want to vote because then they must make a decision and think about issues which to them are less interesting and important than their normal humdrum lives. Plus, the notion that their vote does not amount to much (especially for Western Canada) does not improve this position.
To many people, environmental concerns are irrelevant or at least contradictory. They consume the popular views of American TV and worship the almighty dollar, and strive for the unattainable and unsustainable lifestyle of American Celebrity. Concern for the environment, though fashionable, would just pollute their lofty dreams with the taint of actual concern. Thus they continually buy into the drivel that the politicians put forth, and no actual change is done .. so that they can continue to concern themselves with what is most important - themselves.
May 30th, 2007 at 12:59 pm
I hope the whole thing moves forward. The more questions that the media ask baird and harper the more they’ll be looking like a bunch of junior kindergarten science fair kids. Actually sorry about that-those kids know more about the long term danger to the environment. They’ll never appear in court, privy council/cabinet protection.
May 30th, 2007 at 1:11 pm
[quote comment="14727"]I wish someone would sue the Bush administration for pulling out of the Kyoto Protocol.[/quote]
Exactly what I was thinking jen3700
Or maybe the States can be sued for violating the UN and going into Iraq?
Honestly, i knew from the moment Harper was elected this country was going to shit, he is a Bush lover. If he was Prime Minister when the US went into Iraq our troops would be there now.