CHECK OUT: http://www.foecanada.org/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 ++++++++++ Friends of the Earth Press Release ================================== Legal opinion on climate change showing Federal Government out of compliance with international law and opens the door for a Canadian Environmental Protection Act (CEPA) challenge says Friends of the Earth-Canada (Ottawa, Canada, Oct. 31, 2006) Today, Friends of the Earth-Canada (FOE-C) released a legal opinion that finds Canada in breach of the Framework Convention on Climate Change (FCCC) in three respects, in breach of the Kyoto Protocol in two respects and likely to be in breach of the Kyoto Protocol in one further respect. The 40 page legal opinion was provided by international law specialist Dr. Roda Verheyen (LL.M London) of the Hamburg Germany based law firm of Gunther-Heidel-Wollenteit-Hack. She concludes that Canadian pollution violates international agreements. This key finding positions Friends of the Earth-Canada to invoke the Canadian Environmental Protection Act (CEPA) 1999 provision of a Ministerial duty to act to control international air pollution, with the intent of forcing the Harper government to regulate greenhouse gases. There are three tests to trigger a duty to act by the Minister of Environment specified in CEPA s. 166: 1. Is Canada releasing GHGs? 2. Are they contributing to air pollution? 3. Does this pollution violate an international agreement? With the legal opinion each of the three tests can be answered with a yes, and the duty to act provision can be exercised. “With respect to greenhouse gas emissions, we have long felt Canada has demonstrated illegal behaviour on the world stage,” stated Beatrice Olivastri, Friends of the Earth-Canada CEO. She went on to say, “Receiving the documentation from lawyer Dr. Roda Verheyen is a giant step towards getting our government to do the right thing and regulate greenhouse gas emission reductions.” Christine Elwell, Friends of the Earth-Canada Senior Campaigner, described a letter sent to Minister Ambrose as one which, “Established that the Government not only has the authority under CEPA to regulate greenhouse gases, but is also obliged to act.” Elwell went on to say, “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.” The Friends of the Earth-Canada letter and the Verheyen legal opinion will be submitted to the Kyoto Protocol Compliance Committee (KPCC) where it will add weight to the complaint already lodged by South Africa on behalf of the Group of 77 countries and China. In May 2006, South Africa asked the KPCC to investigate the failure of 15 countries, including Canada, to report on their demonstrable progress to reduce GHG emissions. As of Oct 30th, this number is down to 6, still including Canada. If Canada is found to be out of compliance, its emissions reduction targets will include an additional 30% reduction penalty and its ability to engage in KP emissions trading will be suspended. A report by Canada’s Commissioner of the Environment and Sustainable Development, issued last month, found that Canada is 34.6% off target for reducing greenhouse gases. Ms Olivastri noted that, “The United Nations Framework Convention on Climate Change (UNFCCC) conference in Nairobi convenes within the 30 day period we set out, and Friends of the Earth-Canada will view the actions by Canadian government representatives in Nairobi as a strong indicator of the Government’s intent to comply with its duty to act.” “We support Friends of the Earth-Canada’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, an international and collaborative initiative hosted by Friends of the Earth International. -30- For more information, contact: Beatrice Olivastri, CEO Friends of the Earth–Canada, 613-241-0085 x 26 or Cell 613-724-8690 Christine Elwell, FOE Senior Campaigner, 416-604-7333 Peter Roderick, Co-Director of the Climate Justice Programme, London, +44 20 7388 3141 -- Darryl McMahon It's your planet. If you won't look after it, who will? The Emperor's New Hydrogen Economy (now in print and eBook) http://www.econogics.com/TENHE/ _______________________________________________ Biofuel mailing list Biofuel@sustainablelists.org http://sustainablelists.org/mailman/listinfo/biofuel_sustainablelists.org Biofuel at Journey to Forever: http://journeytoforever.org/biofuel.html Search the combined Biofuel and Biofuels-biz list archives (50,000 messages): http://www.mail-archive.com/biofuel@sustainablelists.org/
