Tag Archives: climate change

Climate change and farmers’ livelihoods

Beatrice Olivastri, CEO, Friends of the Earth Canada.Farmers across Canada have been dealing with changing weather patterns in recent years. From droughts and floods in the Prairies to storms and blights in the Maritimes, people who rely on the land to make a living are suddenly being forced to adapt.

Over the past few months one of our volunteer researchers, Bryan Dale, has been looking into these issues. So far, his investigation has proven to be very revealing, as farmers from across the country have shared diverse and troubling stories about how climate change is affecting them.

In Ontario, for example, apple farmers are struggling through one of the worst growing years in recent memory. Due to an unusually long period of warm weather in March, followed by a spring frost, the buds of most apple trees were killed off, leaving farmers with 15 to 20 per cent of their usual yield. Producers in the southwest of the province have reported that this may be the worst climatic event they’ve experienced since 1945.

On coastal areas of British Columbia apple farmers have also experienced problems, but for a different reason. In that region, a severe infestation of tent caterpillars devastated crops and forced farmers to cancel a long-standing apple festival. As in Ontario, they are left hoping that these types of extreme circumstances will not develop into a pattern that would be repeated with any frequency.

Yet this may be just what is in store for farmers. According to a researcher with Agriculture and Agri-Food Canada in Quebec, scientists are developing a range of models to predict how anticipated fluctuations in weather patterns and infestations by pests may affect various crops. While some vegetables may benefit from our changing climate, there is certainly many that will suffer, compelling agricultural producers to change both how and what they grow.

It is already clear that many farmers are paying the price of having to adapt. Apart from crop yields that have plummeted due to extreme weather events, most producers have noticed that the seasons are changing. According to one organic grower, “Due to weather volatility, we are seeing a lot of farmers add greenhouses and hoop-houses to their operations, to help create more stable environments. Certainly, the Maritime farmers are seeing strong storms from hurricanes. Blight and fusarium are also quite common now.”

Friends of the Earth will continue to look further into these issues, including by exploring how small-scale and organic farmers may be disproportionately vulnerable to the impacts of increasingly severe and frequent climatic events. We will also examine whether existing government compensation programs may be insufficient to help farmers adapt as they need to. Throughout, our research will consider the political or legal recourses these farmers may have, and how we can support them.

If trends such as those witnessed this year are to continue, agricultural producers will certainly need the support. Whether it is livestock farmers who do not have enough hay to feed their animals due to drought, or maple syrup farmers who are dealing with a noticeable decline in the quality of their product, across Canada people are wondering what is in store.

And, of course, consumers need to be concerned about these trends as well. As the bumper stickers say, farmers feed cities.

Beatrice Olivastri

Earth

UN climate talks

Friends of the Earth International

December 8, 2012

Doha climate talks: Industrialised countries block climate action

DOHA, QATAR, December 8, 2012 — Friends of the Earth International has strongly condemned the governments of industrialised countries for blocking action on the climate crisis at a failed UN climate summit in Qatar.

Asad Rehman, Friends of the Earth International spokesperson in Qatar said: “The Doha deal is as empty as a desert mirage. Despite the official spin, these talks delivered nothing: no real progress on cutting greenhouse gases and only an insulting gesture at climate finance.

“The blame lies squarely with the rich industrialised world, most notably the United States. The Obama administration is succeeding in its efforts to dismantle the UN global climate regime and other wealthy nations have joined in, paralyzing the climate talks and forcing the world’s poor to pay the price.”

“We demand justice for the people of developing nations who suffer the most from the crisis, a crisis caused mainly by the rich industrialised world.”

“Hope for a solution lies with the people. We must demand action from our governments and reject them if they fail to deliver.”

The 18th Conference of the Parties of the United Nations Framework Convention on Climate Change saw no substantial progress on the promises made by the industrialised world to address its historic role in causing the climate crisis.

Under the Convention, developed countries are committed to deliver strong and binding emissions cuts in line with climate science and equity, and adequate climate finance to compensate developing countries and support their sustainable development.

Sarah-Jayne Clifton, Friends of the Earth International energy coordinator said:

“The fossil fuel lobby won the Qatar desert climate battle, where we witnessed dirty industry elites still holding the reins of our governments. Meanwhile the climate crisis worsens and the window for action shrinks day by day. Developed countries did not even try to solve the climate crisis at these talks. Instead, they continued to protect the interests of fossil fuelled corporations and helped financial elites grow their latest cash cow: the global carbon market scam.”

Dipti Bhatnagar, Friends of the Earth International climate justice coordinator said: “We need a strong and binding international agreement to curb the global climate crisis. But as the talks in Doha show, people around the world cannot wait for our governments to see sense and deliver the solutions. Working together in our communities, people are already resisting fossil fuels and dirty energy, building clean energy cooperatives, transforming our food systems, and protecting our forests, land and water from multinational corporations. Only people-and-planet-centred solutions will solve the climate crisis and create a better future for us all. We must make our governments listen and demand climate justice now.”

For more information

Asad Rehman, climate campaigner, Friends of the Earth International spokesperson in Qatar: +974 3338 6383 (in Doha) / +44 7956 210332 or email asad.rehman [at] foe.co.uk

Sarah-Jayne Clifton, Friends of the Earth International energy coordinator: +44 7912 406510 or email sara.clifton [at] foe.co.uk

Dipti Bhatnagar, Friends of the Earth International climate justice coordinator: +258 840 356 599 or email dipti [at] foei.org

Solar panels in Eastern Ontario. Photo: Mike Buckthought. Photo taken with a solar-powered camera.

Ontario opinion poll shows solid support for green energy, strong opposition to WTO ruling

Opinion poll released as solar industry meets at convention in Toronto

Ottawa, December 3, 2012 — A new opinion poll commissioned by Friends of the Earth Canada shows overwhelming support for green energy in Ontario, and strong opposition to the World Trade Organization (WTO)’s meddling in buy local programs that create thousands of green jobs for Ontarians.

The survey conducted by Oraclepoll Research found that 83% of Ontarians believe it is important to have more renewable, green energy in Ontario to deal with climate change and help reduce record levels of greenhouse gases in the atmosphere. Only 11% of respondents believe that it is not important to take action.

The survey also found that there is strong opposition to the WTO’s recent challenge of Ontario’s buy local green energy policies. Almost three-quarters (73%) of respondents feel that the WTO should not be able to override Ontario’s plans to encourage investment in green energy, while only 27% believe that it should.

“This opinion poll shows that there is overwhelming support for green energy in Ontario. This strong support should translate into action — governments should encourage the transition to solar and wind power to help reduce record levels of greenhouse gases,” says Beatrice Olivastri, CEO, Friends of the Earth Canada.

“Almost three-quarters of Ontarians believe that the WTO should not be able to override Ontario’s plans to create green jobs for people in Ontario. We urge the provincial and federal governments to challenge the WTO’s ruling. Canadians should be allowed to support our own green energy manufacturers, and not be forced to rely on solar panels imported from other countries,” says Olivastri.

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For more information

Beatrice Olivastri, CEO, Friends of the Earth Canada, (613) 241-0085 x26, (613) 724-8690 (cell), beatrice [at] foecanada.org, foecanada.org

The Oraclepoll Research survey was commissioned by Friends of the Earth Canada and conducted on November 21–23, 2012. A total of 1,000 people were surveyed, with a margin of error of +/- 3.1%, 19/20 times. For more details visit Friends of the Earth’s website at foecanada.org.


Read the results of the Ontario green energy opinion poll.

Sign the online letter — voice your support for green energy in Ontario.


Friends of the Earth Canada is the Canadian member of Friends of the Earth International, the world’s largest grassroots environmental network campaigning on today’s most urgent environmental and social issues.

Results of the Ontario green energy opinion poll

November 2012
Ontario omnibus survey report

By: Oraclepoll Research
For: Friends of the Earth / Les Ami(e)s de la Terre
November 24, 2012

Methodology and logistics

Study sample

  • This report represents the findings from an omnibus survey of 1,000 voting age residents (18 years of age or older) in Ontario.
  • The results provided in this report were from questions commissioned by Friends of Earth.
  • Interviews were conducted between the days of November 21st to November 23rd 2012.
  • The results presented in this report may not always add up to 100% due to rounding.

Confidence

  • The margin of error for this 1,000-person survey is +/- 3.1%, 19/20 times.

Survey method

  • The survey was conducted using computer-assisted techniques of telephone interviewing (CATI) and random number selection. A total of 20% of all interviews were monitored and the management of Oraclepoll Research Limited supervised 100%.

Logistics

  • Initial calls were made between the hours of 5 p.m. and 9 p.m. Subsequent callbacks of no-answers and busy numbers were made on a (staggered) daily rotating basis up to 5 times (from 10 a.m. to 9 p.m.) until contact was made. In addition, telephone interview appointments were attempted with those respondents unable to complete the survey at the time of contact.

Executive summary

Friends of Earth respondents were first asked the following question

“How important do you feel it is to have more renewable, green energy in Ontario to deal with climate change and help reduce the record levels of greenhouse gases in the atmosphere? Please use a scale from one not at all important to five very important.”

Opinion poll results. The survey conducted by Oraclepoll Research found that 83% of Ontarians believe it is important to have more green energy in Ontario to deal with climate change. Only 11% of respondents believe that it is not important to take action.

The survey conducted by Oraclepoll Research found that 83% of Ontarians believe it is important to have more green energy in Ontario to deal with climate change. Only 11% of respondents believe that it is not important to take action.

A high 83% of Ontarians are of the opinion that it is important or very important to have green renewable energy compared to a very low 11% that do not, while 7% had a neutral view (neither important nor unimportant).

A second question was then asked about the WTO and Ontario’s green energy plan.

“Should international bodies like the World Trade Organization be able to over-ride Ontario’s plan to encourage investment in renewable, green energy and local jobs for people in Ontario?”

Almost three-quarters of those surveyed or 73% feel that the World Trade Organization should not be able to override Ontario’s plans to encourage investment in green renewable energy while only 27% are of the opinion that it should.

Results by question

How important do you feel it is to have more renewable, green energy in Ontario to deal with climate change and help reduce the record levels of greenhouse gases in the atmosphere? Please use a scale from one not at all important to five very important.

Response Valid percent
Not at all important 5%
Not important 6%
Neither important nor not important 7%
Important 14%
Very important 69%
Total 100%

Should international bodies like the World Trade Organization be able to over-ride Ontario’s plan to encourage investment in renewable, green energy and local jobs for people in Ontario?

Response Valid percent
Yes 27%
No 73%
Total 100%
Earth

UN climate talks

Friends of the Earth International

November 23, 2012

UN climate talks: Urgent progress still not in sight

DOHA, QATAR, November 23, 2012 — While delegates from around the world prepare to meet for the annual United Nations climate talks in Doha next week, Friends of the Earth International expressed strong concerns over the continued lack of progress by developed countries which are supposed to take the lead to stop climate devastation and avoid catastrophic climate change.1

The UN climate talks, ongoing now for 20 years, have made little progress in delivering concrete climate action and are now heading backwards. Most recently they agreed 2015 as the date to launch a new treaty to deal with climate action which probably won’t come into force until 2020.2

And many governments look set to attend the talks in Doha to promote a further weakening of the framework for global emissions reductions, while at home they continue to support the expansion of false solutions to the climate crisis.

Global emissions need to peak around 2015 if we are to have a decent chance of bringing emissions down to safe levels in time to prevent a further worsening of the earth’s climate and avoid the unprecedented destruction, insecurity and suffering that catastrophic, irreversible climate change would cause.

Sarah-Jayne Clifton, Friends of the Earth International climate justice coordinator, said:

“From the carnage wrought by Hurricane Sandy to the devastating flooding in Nigeria, the impacts of climate change are now evident for all to see, and alarmingly more frequent. Carbon dioxide levels have reached a record high, setting us on track for a terrifying 6 degrees of warming. Unfortunately developed countries, led by the United States, are accelerating the demolition of the world’s international framework for fair and urgent climate action. And most governments continue to support and advance the very policies that are driving the climate crisis, from dirty fossil fuel extraction of oil, gas and coal to carbon trading, agrofuels, large-scale industrial agriculture and ‘green desert’ plantations.”

The United States, Australia, Canada and Japan continue to be the main players dragging their feet and undermining progress in the UN talks. Europe has pledged an emissions target which will allow its emissions to continue to grow, and continues to push for the expansion of carbon trading, a dangerous scam which only benefits corporations and financial elites. Meanwhile these and other countries are supporting false solutions to the climate crisis and ignoring the voices of people resisting the imposition of destructive projects and the land grabs, displacement and environmental destruction that they cause.

The power of vested interests and multinational corporations and their influence over government policies and UN processes remains at the heart of the ongoing failure of the talks and their recent further unraveling.3 Tackling their influence is essential to unlocking the deadlock, and will unleash multiple other positive impacts like releasing for public benefit the hundreds of billions of dollars in public subsidies to dirty fossil fuel corporations.

Asad Rehman, climate campaigner for Friends of the Earth England, Wales and Northern Ireland said: “Friends of the Earth International is urging governments attending Doha to finally wake up to the reality of the climate crisis and make urgent progress on the foundations of fair and ambitious climate action: emissions cuts in line with science and equity; adequate public finance to support climate action in the developing world; progress on technology transfer; and an end to carbon trading. All are needed to drive forward the transformation of our economies, deliver real sustainable energy and food alternatives, and tackle emissions while improving health and wellbeing for everyone. We are nearly out of time. Without urgent progress governments will face a total loss of confidence in their ability to act in the interests of people and the environment.”

For more information

Asad Rehman, climate campaigner, Friends of the Earth England, Wales and Northern Ireland (in Doha): +44 7956 210332

Sarah-Jayne Clifton, Friends of the Earth International climate justice coordinator: +44 7912 406510

Notes

1 Developed (Annex I) countries are responsible for three quarters of historic emissions despite only hosting 15% of the world’s population. Because of their historical responsibility for climate change they have a moral and legal obligation under the climate convention to cut their emissions first and fastest and to provide adequate public finance for climate action by developing countries.

2 Last year at COP 17 in Durban, South Africa, instead of making progress on implementing the existing negotiating roadmap agreed in Bali in 2007, parties agreed to launch a whole new round of negotiations on an agreement to cover climate action. The Durban Platform (ADP) will commence negotiations in Doha and is due to finish its work by 2015. There is a very high risk that the Durban Platform will delay action on emissions for another ten years, lock in low ambition, undermine the principles of equity and justice in the global climate framework, and further deregulate the framework, leading to a system even weaker and less effective than the Kyoto Protocol. At COP 18 in Doha countries are supposed to be finalising the targets for developed country emission reductions under the Kyoto Protocol second commitment period; making progress on climate finance and comparable emissions reductions targets for the United States (which is not party to the Kyoto Protocol); and commencing negotiations on the Durban Platform.

3 400 global civil society organizations and social movements have denounced corporate capture as a root cause of failing environmental multilateral negotiations. Clear demands were presented to the UN earlier this year to help put an end to the excessive and harmful influence of corporations over processes like the UN climate talks. So far the UN did not issue a public response. Friends of the Earth International’s report on the corporate capture of the UN is available at:

http://www.foei.org/en/resources/publications/pdfs/2012/reclaim-the-un-from-corporate-capture/view

Friends of the Earth International is demanding:

  • Urgent, binding and deep emissions cuts by developed countries in line with science and equity
  • Provision by developed countries of adequate climate finance and technology transfer to developing countries for sustainable development and adaptation to climate impact
  • An end to carbon trading and offsetting
  • A top-down framework for future climate action which respects and reasserts the principles in the UNFCCC, including the principle of Common But Differentiated Responsibility (CBDR), and which includes binding emissions targets for developed countries and no new market mechanisms
  • Efforts by all governments to drive forward the transformation of our unsustainable economies, protecting the rights and livelihoods of communities and delivering a safe climate and greater health and wellbeing for all.

Friends of the Earth in Rio

On June 19, Friends of the Earth (FoE) released a report critiquing the corporate capture of the United Nations. Corporate capture means that governments are not doing their job and that they have become advocates for the corporate agenda. Popular movements have risen to the occasion in a re-energized drive to democratize the political process and take back control over our lives and nature.

This new energy was evident from the beginning of the popular forum. Unity and integrated coherence are the bywords. Unlike the highly fragmented, dispersed World Social Forums and the UN process itself, the People’s Forum discussions were consolidated into five broad and interconnected dimensions, each with its own plenary and tent. These include energy and extractive industries, food sovereignty and decommodification of nature. The focus at the plenaries was first, to come to a consensus on structural roots of the sustainability crises and false solutions; second, to articulate peoples’ solutions; and third, implementation of solutions. After considerable popular input, discussions of these five dimensions are being integrated into one declaration to be considered by a Peoples’ Assembly at the end of the Summit.

The morning of June 18, FoE delegates joined the World March of Women’s mobilization Against the Commodification of Life and Our Common Heritage. Downtown Rio was brought to a standstill by a multitude of women including Lesbian, Gay, Bisexual, Transgendered, Queer (LGBTQ) folks, unionists, farmers, students, Indigenous women, women of faith, people from all walks of life in varying degrees of dress and undress with its multiple meanings. It was exhilarating to be engulfed by a mass of jubilating, dancing, singing, chanting feminists and their allies amongst men. While confronting the police we shouted “where are our disappeared?”

Today (June 19) we went to the Rio Centre where the official government meetings take place. There was a notable lunch time demonstration by at least 200 women from all over the world. The women formed concentric circles facing outwards. They waved purple scarves and chanted slogans in many languages affirming women’s power including “women’s rights are human rights,” “women’s rights not corporate rights,” “women and the planet are not for sale” and “shame on them.” Their signs condemned our ‘do nothing’ governments. The signs said “against greed economy,” “Reproductive Rights!,” “women’s rights now,” “women defending sexual and reproductive health and rights,” “justice, gender and ecology,” “women as the voice for the right to a healthy environment.”

The demonstrations and convergences at the Peoples’ Forum affirmed the commonalities of our struggles globally. We also made solidarity visits to three communities devastated and condemned to death by the ‘development’ of the world’s second largest mining corporation, Vale, and Petrobras, a state within the Brazilian state. The “Rio+Toxic” tours revealed how these global firms have dispossessed self-sufficient, autonomous fishing peoples and farmers of their homes, land, access to the sea and subsistence. Their rich cultures can’t be passed on to their children because the people have been forced into wage slavery. One father with tears in his eyes decried the degradation of many young women reduced to prostitution in the wake of Thyssen-Krupp-Vale’s iron ore smelter.

This evening the communities and workers affected by Vale gathered from all over the world to evaluate and extend coordinated resistance. The Vale-affected communities in Rio and the international delegates who had visited them met this morning to build solidarity and solutions prior to a public demonstration. They then marched from Flamingo beach to Vale’s global head office. With this vocal mobilization countering the impotence of captured governance, we can only expect an escalation of people’s confident assertions of alternatives in the build up to the concluding People’s Assembly.

Terisa Turner and Terran Giacomini

Terisa Turner and Terran Giacomini are representing Friends of the Earth Canada at the Rio+20 Earth Summit in Rio de Janeiro, Brazil.

Oh Canada — you’re not free to cut and run from Kyoto

Beatrice Olivastri, CEO, Friends of the Earth Canada.By my calculation, by the time Canada’s withdrawal kicks in one year from now, we will have had commitments under the Kyoto Protocol for five years less 19 days.

Professor Nigel Bankes from the Faculty of Law at University of Calgary reviews law pertaining to withdrawal from an international environmental agreement in his blog. He cites the Vienna Convention on the Law of Treaties (VCLT) and its Article 71 that provides that where treaty relations come to an end the termination of those relations:
(a) releases the parties from any obligation further to perform the treaty;
(b) does not affect any right, obligation or legal situation of the parties created through the execution of the treaty prior to its termination.

Prof. Bankes says that while Article 71 of the VCLT makes it clear that in withdrawing Canada can avoid prospective obligations under the Protocol but that it cannot avoid obligations that have already accrued. So who might assess those obligations?

Enter the UNFCCC Compliance Mechanism, designed to strengthen the Protocol’s environmental integrity, support the carbon market’s credibility and ensure transparency of accounting by Parties. Its Enforcement Branch has the responsibility to determine consequences for Parties not meeting their commitments. It can only consider questions raised by another Party or its expert review teams.

Some thinking has it that compliance can only be assessed after all the reporting is delivered — likely a year after the 2012 end date of the first commitment period. But why wait to assess Canada and clarify accrued obligations? Is there one stalwart Party, an outraged developing country, perhaps, that would stand up to refer Canada to the enforcement committee p.d.q.?

I, for one, see moral and legal reasons why Canada has accrued obligations. I’d like to know what they are and how Canada will address them. The UNFCCC Enforcement Branch should not wait for post 2012 review but step up its review forthwith.

Beatrice Olivastri

FoE Canada releases “Plug and Play” model regulation to help Canada reduce greenhouse gas pollution

For immediate release

Friends of the Earth donates its services to help Canada in its time of embarrassment

(Ottawa, December 8, 2011) With Canada’s international environmental reputation at rock bottom at the Durban climate negotiations, Friends of the Earth Canada has decided to donate its services to help Canada.

“Canada’s Minister of the Environment showing up in Durban without domestic regulations in place is shocking,” said Beatrice Olivastri, CEO, Friends of the Earth Canada. “So we’ve prepared a model regulation, Reduction of Releases of Toxic Substances Causing Global Warming, that mirrors exactly what our government needs to finally regulate greenhouse gas pollution from the largest emitters in Canada.”

Friends of the Earth has provided an efficient, actionable model regulation in exactly the format needed to plug it into the regulatory process. The model regulation targets reporting factories and plants to the National Greenhouse Gas Emission Inventory because they operate stationary facilities which are the largest emitters of carbon dioxide, methane, nitrous oxides, sulphur hexafluoride, hydrofluorocarbons and perfluorocarbons. The required reductions would be accomplished in stages and based on data reported by the approximately 800 emitters themselves.

In Copenhagen, Canada lowered its commitment to a target of 17% of greenhouse gases by 2020 using a 2005 baseline. The model regulation, Reduction of Releases of Toxic Substances Causing Global Warming, shows the government how to meet this target and schedule using mandatory information reported by factories and facilities in Canada since 2004.

While Friends of the Earth believes dramatic emission reductions are necessary to save the world from catastrophic warming, it is pragmatic about what is possible today in Canada. “Some businesses may be ready to meet these minimalistic targets,” said Olivastri, “but none are going to do even this until regulations are put in place. It is appalling that Canada doesn’t have these rules in place.”

The Notice of Intent and the model regulation, Reduction of Releases of Toxic Substances causing Global Warming Regulation can be viewed at www.foecanada.org.

In Canada, regulations are a form of law with binding legal effect. The first steps in Canada’s regulatory process are developing a regulatory proposal for an enabling Act, review by the central agency and pre-publication.

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For further information, contact:

Beatrice Olivastri, CEO, Friends of the Earth (613) 241-0085 x26 or (613) 724-8690

Friends of the Earth Canda is the Canadian member of Friends of the Earth International, the world’s largest grassroots environmental network campaigning on today’s most urgent environmental and social issues.


Backgrounder — December 8, 2011

The model regulation Reduction of Releases of Toxic Substances Causing Global Warming issued by Friends of the Earth Canada has these advantages:

  • it is “Plug and Play,” written in a format that can be immediately used;
  • it is direct;
  • it targets the greenhouse gases identified in the Kyoto Protocol — carbon dioxide, methane, nitrous oxides, sulphur hexafluoride, hydrofluorocarbons (HFCs) and perfluorocarbons (PFCs);
  • it is fully consistent with — and will achieve — the reductions committed to by the Government of Canada at the Copenhagen and Cancún meetings of the parties to the Kyoto Protocol — namely 17% from 2005 levels, by December 31, 2021;
  • it is based on data provided by the companies that report to the National Greenhouse Gas Emissions Inventory;
  • therefore, it targets those companies whose facilities are considered by the Government of Canada to be the highest emitters of greenhouse gases;
  • it phases in, at three levels, the reductions from December 31, 2014 to December 31, 2021, so that the regulated companies can space out their costs to achieve the 17% reduction from 2005 levels by December 31, 2021;
  • it requires the regulated companies to install continuous emissions monitoring systems of their choice for carbon dioxide and nitrous oxide, provided that the systems meet performance criteria for precision and accuracy to be set by the scientific experts of Environment Canada;
  • it leaves to those companies the choice of technology to achieve the required reductions;
  • it covers reductions of greenhouse gases in the various types of emissions by those companies — e.g. emissions from stationary combustion emissions, from industrial processes, etc.; and
  • it requires the regulated companies to report their achieved reductions only three times — no later than February 28, 2015, February 28, 2018, February 28, 2022 — hence keeping reporting to the minimum that would allow the Government of Canada to track progress by the regulated companies.

The model regulation Reduction of Releases of Toxic Substances Causing Global Warming leaves to the scientific experts of Environment Canada the selection or development of methods of calculation for the greenhouse gases.

Friends of the Earth Canada believes that applying this Model Regulation is the essential step that Canada must take, at the federal level, to reduce greenhouse gas emissions and meet its lowered public commitments stated at the Copenhagen and Cancún meetings of the parties to the Kyoto Protocol.

Note: The model regulation does not address emission reduction by new facilities.

Canada facing legal challenge for breaking federal global warming law

MEDIA RELEASE
December 15, 2009

OTTAWA — The Government of Canada is facing a landmark legal challenge in the country’s top court for failing to take action on global warming — specifically for refusing to respect a federal law that requires reductions in greenhouse gas emissions.

Yesterday an appeal was filed with the Supreme Court seeking to argue that the Government is breaking Canadian law by failing to comply with the Kyoto Protocol Implementation Act (KPIA). It is the first climate change lawsuit in Canadian history.

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 and the Governor in Council are ignoring the rule of law by failing to comply with the Act, duly 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 August 2007 with a plan that the applicants allege plainly fails to meet the requirements of the Act.

“This case is about the government of the day 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.”

“Canada has failed to take any concrete action to fight climate change despite committing to do so by ratifying the Kyoto Protocol and by parliament passing the KPIA,” says Beatrice Olivastri, Chief Executive Officer for Friends of the Earth Canada. “We submit that not only is this illegal under our parliamentary democracy, it is contrary to Canadian’s deep sense of responsibility to the planet and to humanity’s future. We want Canada’s Supreme Court to rule on the critical points of law involved.”

“The case targets the fundamental question of whether the government is above the law,” said Ecojustice lawyer Hugh Wilkins. “Both the law and the approaching climate crisis demand strong action from the government.”

“If the government is allowed to continue its clear disregard of this legislation, it can do the same thing with future laws whether on climate change or other fundamental matters,” said Paliare. “Given the important points of law involved, we think this case clearly deserves to be heard in Canada’s highest court.”

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Click here to read Media Backgrounder

For more information visit www.ecojustice.ca and www.foecanada.org or contact:

Beatrice Olivastri, Friends of the Earth Canada (613) 724-8690 (cell)
Hugh Wilkins, Ecojustice (416) 368-7533 ext. 34
Chris G. Paliare, Paliare Roland Barristers (416) 646-4318
Albert Koehl, Ecojustice (416) 368-7533 ext. 29 (French and Spanish inquiries)

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 9 am.

Read FOE’s Factum, Government’s 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)