MEDIA ADVISORY Climate Justice Programme
/ Friends of the Earth International
31st October 2006
CANADA VIOLATING UN CLIMATE CHANGE
PACTS
OTTAWA, CANADA, 31st October 2006 -- The
Canadian Environment Minister has today been
informed that Canada is violating the Kyoto
Protocol and the UN Framework Convention on
Climate Change (UNFCCC), thus legally
requiring action under the Canadian
Environmental Protection Act (CEPA) to
control greenhouse gas (GHG) emissions.
The Compliance Committee of the UN Kyoto
Protocol climate treaty was also informed of
the alleged violations [1].
The warning came just one day after the
release of a ground-breaking report by Sir
Nicholas Stern in the UK on the global
economics of climate change. The report shows
that governments can afford to act – and must
do so urgently – to avoid disastrous economic
costs.
According to last month's report by the
Canadian Commissioner of the Environment and
Sustainable Development [2], the gap between
Canada's GHG emissions and its Kyoto
commitments is growing: Canada's GHG
emissions in 2004 were 26.6% above 1990
levels, resulting in a gap of 34.6% from
Canada's Kyoto target of a 6% reduction by
2008-2012. Per capita, Canadians are amongst
the highest emitters in the world, with the
production and consumption of fossil fuels
accounting for 80% of these emissions.
In an opinion by international climate
change lawyer Dr. Roda Verheyen [3],
submitted today to the Compliance Committee
and the Canadian Environment Minister by
Friends of the Earth Canada and Friends of
the Earth International, with the support of
the Climate Justice Programme, she points out
that:
(1) Canada is violating the UNFCCC in 3
respects, by not having established measures
to reverse emissions trends, or to adapt, and
in not reporting;
(2) Canada is violating the Kyoto Protocol
in 2 respects, by not having made
“demonstrable progress” by 2005 towards its
6% Kyoto Protocol objective, and in not
reporting on progress;
(3) Canada is likely to violate Article
3.1 of the Kyoto Protocol by not achieving
its 6% reduction target during the 2008-2012
period.
Canada's emissions of GHGs, their
contribution to air pollution as defined in
CEPA, and Dr. Verheyen's findings, indicate
that the three triggers for the legal duties
to control international air pollution under
section 166 of CEPA are met [4].
Beatrice Olivastri, CEO of Friends of the
Earth Canada said:
“With respect to greenhouse gas emissions,
we have long felt Canada has demonstrated
illegal behaviour on the world stage.
Receiving the documentation from lawyer Dr.
Roda Verheyen is a giant step toward getting
our government to do the right thing and
regulate greenhouse gas emission
reductions.”
Christine Elwell, Friends of the
Earth Canada's Senior Campaigner described a
letter sent to the Canadian Environment
Minister as one which, “Established that the
Government not only has the authority under
CEPA to regulate greenhouse gases, they are
obliged to act. We have provided Minister
Ambrose with a 30 day window to tell
Canadians how the Government will honour this
duty to Canadians and the world, with the
understanding that they are not free to avoid
taking action.”
“We support Friends of the Earth's
actions, and trust the citing of the domestic
duty to act, the legal opinion and compliance
complaint will lead Canada to reconsider its
illegal behaviour. Until then,
Canada's reputation as an honest broker and
environmental leader is tarnished,” says
Peter Roderick, co-Director of the Climate
Justice Programme.
“The scientific evidence calling for
urgent action on climate change is
undeniable. Yesterday, the conclusions of the
Stern Review, commissioned by the UK
Government warned that failure to act will
lead to global recession. Multilateral action
on this issue is needed. The Canadian
Government must wake up to the fact that they
have their role to play.” said Catherine
Pearce, Co-ordinator of the climate campaign
for Friends of the Earth International.
FOR MORE INFORMATION CONTACT
Friends of the Earth Canada Beatrice
Olivastri, CEO Tel: + 1 613-241-0085 x 26
(office); or + 1 613-241-7998 (cell)
Christine Elwell, Senior Campaigner Tel: + 1
416-604-7333
Climate Justice Programme Peter Roderick,
co-Director, London Tel: + 44 20 7388 3141
www.climatelaw.org
Friends of the Earth International
Catherine Pearce, Co-ordinator of the
international climate change campaign Tel: +
44 7811 283641
NOTES TO EDITORS
[1] The Committee received a submission in
May 2006 from South Africa, on behalf of the
G77 countries and China, complaining that 15
developed countries had not submitted their
reports on demonstrable progress, required by
the Protocol. This is the first compliance
action by developing countries to hold
developed countries to account on Kyoto. As
at today, 6 countries have still not sent in
their reports, including Canada. The
submission is here:
http://unfccc.int/files/kyoto_mechanisms/compliance/application/pdf/cc-2006-1-1-fb.pdf
More information on the Committee's
deliberations is here:
http://unfccc.int/resource/docs/2006/cmp2/eng/06.pdf
[2] The Commissioner's report is here:
http://www.oag-bvg.gc.ca/domino/reports.nsf/html/c2006menu_e.html
[3] The opinion and letters will be
available later today at
www.climatelaw.org
and
www.foecanada.org
[4] CEPA's s.166 on international air
pollution is here:
http://lois.justice.gc.ca/en/C-15.31/225933.html
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