An environmental group has launched a new lawsuit against the federal government for failing to implement the Kyoto protocol, which could force a judicial review of Canada's commitment to the plan.
The group, Friends of the Earth, alleges that Environment Minister John Baird has broken the Canadian Environmental Protection Act, by ignoring a recent requirement of the Kyoto Protocol Implementation Act.
The act was passed by Parliament in June 2007.
The lawsuit contends that Ottawa was legally required to publish draft regulations by Oct. 20, 2007, which would have enabled Canada to follow its Kyoto commitments, but failed to do so.
"This new application, while relevant to climate change, is all about holding the government of Canada accountable under Canadian law," said lawyer Chris Paliare, who filed the legal challenge on behalf of the group.
"Despite a clear requirement to publish draft regulations, no action whatsoever has been taken. Once again, we are simply asking the court to require the government to comply with its legal obligations."
The group had launched a previous lawsuit in May 2007, alleging the government had contravened the Canadian Environmental Protection Act by not meeting its Kyoto commitments.
But that previous lawsuit was stayed when Liberal MP Pablo Rodriguez introduced a private member's bill that called on the government to create guidelines for following its Kyoto targets.
Baird has said the objectives outlined under Kyoto are unattainable. The government has pushed for a so-called made-in-Canada solution that seeks to lower greenhouse gas emissions while having a limited negative impact on the economy.
At this month's Commonwealth meeting in Uganda, Prime Minister Stephen Harper refused to endorse a deal that would have set binding targets on reducing emissions for developed countries.
He said the deal was flawed because it would have excluded developing countries. Harper also said it would have actually doubled emissions over the next 50 years, but didn't specify any scientific studies supporting that claim.
