climate change and legal battles

Question 1

paris agreement

Answer 1

• created 2015, signed 2016 by 197 countries (187 ratified)
• limit rise to 2 degrees with efforts to limit to 1.5 degrees
• canada agrees to reduce emissions by 30% under 2005 levels by 2030
• climate change is a big threat and requires cooperation from all countries

Question 2

carbon pricing

Answer 2

• all provinces must have carbon pricing system
• starts at 10/tonne, rises by 10/year up to 50/tonne
• can be carbon tax or cape and trade or hybrid
• provinces mad bc it imposes on right to manage own affairs
• feds say climate change is issue of national issue so have legal jurisdiction

Question 3

sask v canada

Answer 3

• sask argument: unique situation of cold rural province means carbon tax disproportionally affects them - nothing to do with climate change - just constitutional basis
• canada: climate change affects everyone
• supreme court in sask
• feds won

Question 4

ontario v canada - justice strathy

Answer 4

• act within parliaments jurisdiction to legislate in relation to matters uner peace, order good governemnt
• climate change poses a threat to life one earth
• act establishes standards provinces must meet but they can do what they want
• balance between parliament and provincial legislature

Question 5

ontario v canada - justice huscroft (dissenting)

Answer 5

• act is too intrusive on provincial jurisdiction - too much power transferred to feds
• may lead to issues later on - common law may set precedence for things we dont want

Question 6

netherlands v urgenda

Answer 6

• urgenda (dutch ngo) sues dutch gov
• ghg reduction target not enough, violates european charter of human rights, right to life and right to family life
• hague court of appeal: cliamte change puts life at risk and it is the duty of dutch gov to counter risk
• ruled that gov must achieve at least 25% below 1990 levels by 2020
• appealed to netherlands supreme court

Question 7

environnement JEUnesse v attorney general of canada facts

Answer 7

• class action suit - all quebecers under 35
• lack of action infringes on right to life and security, live in a healthful environment, equality, intergenerational equity

Question 8

environnement JEUnesse v attorney general of canada outcome

Answer 8

• class is too arbitrary, subjective, inappropriate bc only those 18+ could bring case forward
• court found that impact of climate change on human rights is judicable, action of government subject to rights and freedoms

Question 9

la rose et al v canada

Answer 9

• 15 youths
• canada violating right to security of person and right to equality
• aggravated health conditions and risk to property and life
• loss of cultural traditions
• remedy: declare canada’s plan to reduce ghgs to level necessary to stabilize climate
• youths can apply with guardian permission