(Ottawa, Canada, September 20, 2007) The Government of
Canada is once again facing a legal challenge for failing to take action
on global warming -- this time for refusing to respect a federal law that
requires reductions in greenhouse gas emissions. Late yesterday an
Application for Judicial Review was filed with the Federal Court seeking
to force the Government to comply with the Kyoto Protocol Implementation
Act.
Filed by eminent Canadian lawyer Chris Paliare and Ecojustice (formerly
Sierra Legal) on behalf of Friends of the Earth Canada, the application
alleges that the federal Minister of the Environment is ignoring the rule
of law by failing to comply with the Act, passed by Parliament in June
2007.
Under the legislation, the government was legally required to publish,
within 60 days, a plan to comply with the country's commitments under the
Kyoto Protocol. The Harper government responded in late August with a
plan that the applicants allege plainly fails to meet the requirements of
the Act.
"This case is about being accountable to the will of
Parliament," says lawyer Chris Paliare. "By failing to
comply with this law, the federal government is neither acting in a
manner that is accountable to Parliament nor showing respect for the
people of Canada. We are simply asking the court to declare that the
government is bound by the Act's requirements and to require the
government to comply with it."
"Just as parents have clear obligations under the law to
protect their children, the Government of Canada has clear obligations
under this federal law to protect families from a grave danger,"
says Friends of the Earth Canada Chief Executive Officer Beatrice
Olivastri. "Canadians will not tolerate a deadbeat dad
approach to climate change."
"Canadians have made it clear they want action on climate change -
in fact, our domestic law requires it," says Ecojustice lawyer
Albert Koehl. "Most Canadians don't care what the current government
can't do - or what the previous government didn't do; they just want the
government to act now to reduce emissions and to live up to our
obligations."
In May 2007, on behalf of Friends of the Earth, Ecojustice launched a
lawsuit against the federal government alleging that it had contravened
the Canadian Environmental Protection Act by not meeting its
international commitments to reduce greenhouse gases. After the
unexpected passage of Pablo Rodriguez's private member's bill into law
this summer, however, Friends of the Earth and the Ministers of
Environment and Health agreed to stay the litigation pending the outcome
of the new act.
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