Friends of the Earth v. Canada (Environment)
The Court concluded that it agreed with Justice Barnes that the applicants had not established a basis for judicial review relief under the Kyoto Protocol Implementation Act and that the applications were properly dismissed; accordingly the appeal was dismissed.
Source-derived case information.
- Citation
- 2009 FCA 297
- Parties
- Appellant: Friends of the Earth – Les Ami(e)s de la Terre; Respondent: The Minister of the Environment and The Governor in Council
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 15 October 2009
- Procedural Posture
- Judicial Review Appeal / Appeal From Federal Court Judgment (judgment of Justice Barnes, 2008 FC 1183)
- Outcome
- Appeal dismissed
- Legal Topics
- Kyoto Protocol Implementation Act Obligations, Compliance Duties, Remedies: Declaratory and Mandatory Orders, Standing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Friends of the Earth – Les Ami(e)s de la Terre
Appellant
The Minister of the Environment and The Governor in Council
Respondent
Procedural Posture
Judicial Review Appeal / Appeal From Federal Court Judgment (judgment of Justice Barnes, 2008 FC 1183)
Legal Issues
- 1 Whether the Minister and Governor in Council breached duties under the Kyoto Protocol Implementation Act
- 2 Whether declaratory and mandatory relief was available to compel compliance with statutory duties
- 3 Whether the applications for judicial review were properly dismissed by the Federal Court
Ratio Decidendi
The Court concluded that it agreed with Justice Barnes that the applicants had not established a basis for judicial review relief under the Kyoto Protocol Implementation Act and that the applications were properly dismissed; accordingly the appeal was dismissed.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed with costs
Full Case Text
Judgment text and source record
1 paragraphs
Friends of the Earth v. Canada (Environment) Court (s) Database Federal Court of Appeal Decisions Date 2009-10-15 Neutral citation 2009 FCA 297 File numbers A-572-08 Decision Content Federal Court of Appeal CANADA Cour d'appel fédérale Date: 20091015 Docket: A-572-08 Citation: 2009 FCA 297 CORAM: NADON J.A. SEXTON J.A. SHARLOW J.A. BETWEEN: FRIENDS OF THE EARTH – LES AMI(E)S DE LA TERRE Appellant and THE MINISTER OF THE ENVIRONMENT and THE GOVERNOR IN COUNCIL Respondents Heard at Toronto, Ontario, on October 15, 2009. Judgment delivered from the Bench at Toronto, Ontario, on October 15, 2009. REASONS FOR JUDGMENT OF THE COURT BY: SHARLOW J.A. Date: 20091015 Docket: A-572-08 Citation: 2009 FCA 297 CORAM: NADON J.A. SEXTON J.A. SHARLOW J.A. BETWEEN: FRIENDS OF THE EARTH – LES AMI(E)S DE LA TERRE Appellant and THE MINISTER OF THE ENVIRONMENT and THE GOVERNOR IN COUNCIL Respondents REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Toronto, Ontario, on October 15, 2009) SHARLOW J.A. [1] This is an appeal from the judgment of Justice Barnes (2008 FC 1183) dismissing three applications for judicial review seeking declaratory and mandatory relief in connection with a succession of alleged breaches of duties said to arise under the Kyoto Protocol Implementation Act, 2007, c. 30. We agree with the decision of Justice Barnes, substantially for the reasons he gave. For that reason, this appeal will be dismissed with costs. "K. Sharlow" J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-572-08 AN APPEAL FROM THE ORDER OF MR. JUSTICE BARNES OF THE FEDERAL COURT IN FILE NO. T-2013-07, DATED OCTOBER 20, 2008 STYLE OF CAUSE: FRIENDS OF THE EARTH- LES AMI(ES) DE LA TERRE v. THE MINISTER OF ENVIRONMENT and THE GOVERNOR IN COUNCIL PLACE OF HEARING: Toronto, Ontario DATE OF HEARING: October 15, 2009 REASONS FOR JUDGMENT OF THE COURT BY: (NADON, SEXTON & SHARLOW JJ.A.) DELIVERED FROM THE BENCH BY: SHARLOW J.A. APPEARANCES: Chris G. Paliare Andrew W. Lokan Hugh Wilkins FOR THE APPLICANT Peter Southey Andrea Bourke FOR THE RESPONDENT SOLICITORS OF RECORD: Paliare Roland Rosenberg Rothstein LLP Barristers & Solicitors Toronto, Ontario Ecojustice Canada Toronto, Ontario FOR THE APPLICANT John H. Sims, Q.C. Deputy Attorney General of Canada Toronto, Ontario FOR THE RESPONDENT