Legal Research

Kyoto and Justiciability

By Simon Chester

Chris Paliare was on his feet today, arguing for Friends of the Earth in a Federal Court judicial review to to force the Canadian government to follow the Kyoto Protocol Implementation Act, passed by Parliament a year ago. The case is a global first in seeking enforcement of the Kyoto Protocol, an international treaty ratified by 180 countries, including Canada.

The Notice of Application from September 2007 is here. Press releases are here and here.

Justice lawyers argued that the Kyoto act is one of a few “unusual” statutes that Parliament never intended the courts to enforce. “It is up for Parliament to decide … whether or not the government should be allowed to explain it is simply too late for Kyoto to be complied with and would cause too much economic devastation,” counsel said but stated that Ottawa has determined the Act is simply impossible to meet.

Full post as published by Slaw.ca on June 19, 2008 (boomark / email).