Friends of the Earth v. The Governor in Council et al. (Federal Court, 2008)

Year opened: 2008
Status: Decided
Jurisdiction: Canada
Principle law(s): Kyoto Protocol Implementation Act, 2007 (KPIA)
Mitigation/adaptation: Mitigation

Summary

A Canadian federal court dismissed an action by a not-for-profit organization alleging that the Canadian government had breached its duties under the Kyoto Protocol Implementation Act, 2007 (KPIA). Friends of the Earth Canada sought a declaration from the court that the government had failed to meet the legal requirements of the KPIA by missing deadlines and failing to publish regulations. The court ruled that the legislation is not justiciable. The court concluded that it had no role to play reviewing the reasonableness of the government’s response to Canada’s Kyoto commitments within the four corners of the KPIA.

In 2009, the Federal Court of Appeal affirmed the lower court’s decision, finding that there was no judiciable issue for the court to consider. The Supreme Court of Canada declined to accept the case in 2010.

Core objective(s): Sought declaration that the government breached its duties under the KPIA
Category:
Side A: Friends of the Earth (Ngo)
Side B: The Governor in Council, The Minister of the Environment (Government, government)
Decisions(s):
  • Application dismissed; affirmed by Federal Court of Appeal. (Federal Court)
Case document(s):
Keywords:

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