[All] Enviro groups go to court against Federal Goverment re: Koyoto

[Louisette Lanteigne]

Canada violating Kyoto law 






 









Environmental groups challenge federal government on 
failure to act on climate law


MEDIA RELEASE
October 15, 2009
TORONTO – Environmental groups are in court today challenging 
Canada’s federal government for its violation of the Kyoto Protocol 
Implementation Act (KPIA).
Friends of the Earth, represented by Ecojustice and Paliare Roland 
Barristers are arguing before the Federal Court of Appeal that Canada’s Minister 
of Environment and the Governor in Council are in violation of the Canadian law 
that requires Canada to take strong action to meet binding international 
commitments to fight climate change. 
 
“It’s an embarrassment for all 
Canadians that our government has said it won’t even try to honour its legally 
binding commitments nor has it taken the honourable step to negotiate compliance 
penalties,” says Beatrice Olivastri, Chief Executive Officer for Friends of the 
Earth.  “Canada is acting like a bad boy on the world stage by ignoring its 
domestic law requiring climate action.”


The lawsuit asks the court for a declaration that the Minister of the 
Environment and the Governor in Council are breaking the law by failing to meet 
the legal requirements of the KPIA including enactment of legally binding 
regulations to combat climate change. The Court previously ruled that the 
legislation itself is not justiciable – meaning it is not an issue the Courts 
can resolve. The groups are asking that the Court of Appeal set aside this 
previous ruling.


“The case targets the fundamental question of whether the government 
is above the law,” said Ecojustice lawyer Hugh Wilkins.  “The law states that 
Canada must take strong actions to address climate change, but the government 
has explicitly failed to do so.”


“If the government is allowed to continue its blatant disregard of 
this legislation, it could make the same claim for various other laws that it 
does not want to obey,” said eminent Canadian lawyer Chris Paliare.  “This isn’t 
acceptable.”


The appeal will be heard at the Federal Court of Appeal at 9:30 a.m. 
today at 180 Queen Street West, Toronto. Chris Paliare, Beatrice Olivastri and 
Hugh Wilkins will be available for comment in front of the court at 9am.


Read FOE's Factum, Governments Factum
For more information visit www.ecojustice.ca and www.foecanada.org or contact:
Beatrice Olivastri, Friends of the Earth Canada (613) 724-8690 
(cell)
Chris G. Paliare, Paliare Roland Barristers (416) 646.4318
Hugh 
Wilkins, Ecojustice (416) 368.7533 ext. 34 
Albert Koehl, Ecojustice (416) 
368-7533 ext 29 (French and Spanish inquiries)
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