In Friends of the Earth – Les Ami(e)s de la Terre v. Canada (Governor in Council) 2009 FCA 297 [leave to appeal dismissed 2010 CanLII 14720 (S.C.C.)] , the Federal Court of Appeal let the Canadian government get away with open defiance of a statute of the Parliament of Canada,the Kyoto Protocol Implementation Act, 2007 (KPIA).
According to the federal government, its defiance is no business of the courts, because the obligations in the KPIA are “not justiciable”. The Federal Court of Appeal agreed, but with the thinnest of justifications.
This country signed and ratified an international convention on the . . . [more]