Federal Court Rules Canada Not Obliged To Meet Kyoto Targets

On October 20, 2008, the Federal Court dismissed a lawsuit filed by Friends of the Earth (FOTE) asking that the Government of Canada be ordered to comply with its obligations under the Kyoto Protocol, relying on the Kyoto Protocol Implementation Act, 2007 (KPIA), which became law on June 22, 2007. The Court held that the Act did not contain express language requiring Canada to comply with its substantive obligations under the Kyoto Protocol. The Court further held that in the absence of clear language expressly granting the Court the jurisdiction to review such issues of public policy, it could not force the executive branch of government to implement a regulatory scheme that complies with its obligations under the Kyoto Protocol.