Friends of the Earth challenges Federal Government of Canada's failure to act on climate law
Friends of the Earth Canada, represented by Ecojustice and Paliare Roland Barristers, recently argued before the Canadian Federal Court of Appeal that the federal government is in violation of a Canadian law that requires Canada to take action to meet their international commitments to combat climate change.
On June 22, 2007 the Canadian legislature passed the Kyoto Protocol Implementation Act (KPIA). KPIA states that its purpose is “to ensure that Canada takes effective and timely action to meet its obligations under the Kyoto Protocol and help address the problem of global climate change.” Within 60 days of coming into force and not later than May 31 of every year thereafter until 2013, KPIA mandated that the Minister of the Environment had to prepare a “Climate Change Plan” and release it publicly. KPIA set out a specific list of guidelines for the Climate Change Plan to ensure that Canada met its international obligations.
Friends of the Earth Canada filed suit in 2007 after the Minister of the Environment released the first of three “Climate Change Plans for the Purposes of KPIA.” The environmental group claims that none of the three plans issued by the Canada’s Minister of the Environment comply with the requirements of KPIA because none of the plans comply with the Kyoto Protocol. Climate change plans were released on August 21, 2007, May 31, 2008, and May 30, 2009.
In the action, the Friends of the Earth Canada seeks a declaration finding that the Canadian federal government did not comply with its legal obligation under KPIA and a court order requiring the Minister of the Environment to do so.
The issue was on appeal after a lower Canadian federal court held that KPIA itself was not justiciable, meaning that it was not an issue that the courts could resolve. The court held that Parliament should resolve the issue.
This lawsuit was filed less than a month before the Government of Canada indicated its intention to quit participating in the Kyoto Protocol when it expires in 2012. Canada may plan instead to join the Asia-Pacific Partnership, which does not set any rigid requirements for GHG reductions. Friends of the Earth Canada states these plans were announced at the UN Special Session on Climate Change in New York on October 5, 2007.
