Équipe Kyoto takes federal government to court

8 posts / 0 new
Last post
Unionist
Équipe Kyoto takes federal government to court

<<>>

Unionist

Daniel Turp files application in Federal Court

The application seeks a declaration that by renouncing Kyoto, the federal government is in violation of Canadian law (the Kyoto Implementation Act).

Julius Grey is acting as counsel.

[url=http://quebecsolidaire.net/actualite_nationale/retrait_unilateral_du_pro... solidaire[/url] is supporting the court challenge.

And if you're on Facebook, head over [url=https://www.facebook.com/equipekyoto]here[/url] and show your support.

I'll see if there are English-language stories...

ETA: Whoops, just realized that my first link has an English version, when you scroll down.

 

Policywonk

Unionist wrote:

Daniel Turp files application in Federal Court

The application seeks a declaration that by renouncing Kyoto, the federal government is in violation of Canadian law (the Kyoto Implementation Act).

Julius Grey is acting as counsel.

[url=http://quebecsolidaire.net/actualite_nationale/retrait_unilateral_du_pro... solidaire[/url] is supporting the court challenge.

And if you're on Facebook, head over [url=https://www.facebook.com/equipekyoto]here[/url] and show your support.

I'll see if there are English-language stories...

ETA: Whoops, just realized that my first link has an English version, when you scroll down.

 

I doubt that it was ever proclaimed, even if it received royal assent.

Unionist

Policywonk wrote:

 

I doubt that it was ever proclaimed, even if it received royal assent.

It received royal assent on June 22, 2007 - and there's no provision within the Act for proclamation. It was violated by the Harper government within two months of enactment.

ETA: Sorry, I should have cited the [url=http://www.parl.gc.ca/LEGISInfo/BillDetails.aspx?billId=2181701&Language... and the [url=http://www.parl.gc.ca/HousePublications/Publication.aspx?Docid=3066127&f... of the Act.

 

Policywonk

Unionist wrote:

Policywonk wrote:

 

I doubt that it was ever proclaimed, even if it received royal assent.

It received royal assent on June 22, 2007 - and there's no provision within the Act for proclamation. It was violated by the Harper government within two months of enactment.

ETA: Sorry, I should have cited the [url=http://www.parl.gc.ca/LEGISInfo/BillDetails.aspx?billId=2181701&Language... and the [url=http://www.parl.gc.ca/HousePublications/Publication.aspx?Docid=3066127&f... of the Act.

I think you're right. If there are no provisions for timing built into the Act, it becomes effective at the time of Royal Assent. There are Acts that have never been proclaimed as law, but I think there is a time limit now beyond with the Act expires.

Of course the Cons could repeal this Act, but their style is more to ignore it.

Unionist

Policywonk wrote:

Of course the Cons could repeal this Act, but their style is more to ignore it.

Well sure, with a majority (or a phony minority as they had for 5 years), they could repeal every law. But you're right. In the absence of any organized or intelligent opposition, they don't need to waste time changing legislation when they can just ignore existing laws and make up new ones as they go along. That's why it's important, I think, to support every spark of real opposition, whether it's in the streets, or in the courts, or elsewhere.

 

Unionist

Just heard Federal Court dismissed the challenge.

 

Boom Boom Boom Boom's picture

Well, that's bad. I'd like to see the reasons the challenge was rejected. Guess it'll be on the news tonight.

 

Embassy Magazine has this:

 

A federal court ruled on July 17 that the Harper government was operating within the rule of law when deciding to pull out of the Kyoto Protocol, CBC News reported. Federal Court Justice Simon Noël ruled against former Bloc Québécois MP, Daniel Turp, maintaining that the government was acting within its royal prerogative. The court also ruled that the Cabinet was not obligated to consult with Parliament before pulling out. Frown