It is December, 2002. The Canadian Parliament has just ratified the Kyoto Convention and Protocol in full. Information about the Kyoto Accord, including the text, may be found at: http://unfccc.int/. Immediately after the ratification, the government introduced legislation to implement the terms of the convention and protocol by requiring industries to reduce greenhouse gas emissions, and by encouraging industries and homes to switch from energy sources that produce large quantities of greenhouse gasses and other pollutants (such as coal) to energy sources that are relatively "clean" (such as natural gas, wind power, and solar energy). The legislation included heavy penalties for non-compliance, such as large fines and even jail terms.
Shortly after the federal legislation was tabled in the House of Commons, the Government of Alberta sent a reference question to the Alberta Court of Appeal asking whether the federal legislation was intra vires the jurisdiction of the federal government in whole or in part, and whether any or all of the subject-matters covered in the legislation are intra vires provincial jurisdiction.
At the hearing, counsel for the Government of Alberta argued that all or part of the federal legislation is ultra vires because it interferes with provincial jurisdiction over Property and Civil Rights. Further, counsel for Alberta argued that the parts of the Kyoto Accord that fall under provincial jurisdiction cannot be implemented without the consent of individual provincial legislatures. The Government of Canada intervened, and counsel for the Government of Canada argued that the federal legislation is entirely intra vires under the Peace, Order and Good Government Clause (both the national concern and emergency aspects), and/or the Trade and Commerce clause, and/or the federal Criminal power.
A five-judge panel of the Alberta Court of Appeal released its decision in February, 2003.
The Bill implementing the Kyoto Accord is attached to this assignment.
Your assignment is as follows:
Write the decision of the Alberta Court of Appeal. You may write a unanimous decision, or a decision with one or more dissents, and you may include separate concurring decisions. Make sure that you refer to the POGG clause, the Trade and Commerce Clause, the Property and Civil Rights clause, the federal criminal power, the treaty-making power, and relevant precedents.
Remember, the final draft of your paper can only be 9 to 12 pages in
length (1500 to 2000 words). Bill C-678
An Act Implementing the Kyoto Accord into Canadian Law In Order To
Reduce Harmful Greenhouse Gas Emissions so Future Canadians Will Have Clean
Air to Breathe
PREAMBLE
1. WHEREAS the Parliament of Canada recognizes that greenhouse gas emissions are a leading factor in the steady decline in the quality of Canada’s air and therefore represents a clear and pressing national concern to the overall health and general well-being of both present and future Canadians nationwide; and
2. WHEREAS Canada is a signatory member of the Kyoto Accord, this
legislation implements the Kyoto Accord and all of its terms and requirements
into Canadian Law.
Short Title 1. This Act may be cited as the Act Implementing
the Kyoto Accord.
Purpose of Act 2. The purpose of this Act is to: 1) implement the Kyoto Accord into Canadian law; and 2) to achieve a reduction in harmful greenhouse gas emissions below the 1991 levels so that present and future Canadians will have clean air to breathe.
Application 3.(1) This Act applies to
(a) all private sector industries in Canada (including all industries in both the provinces and the territories) that produce greenhouse gas emissions and/or use non-energy efficient and/or heavy-polluting energy sources;
(b) all public sector industries in Canada [i.e. Crown Corporation] (including all industries in both the provinces and the territories) that produce greenhouse gas emissions and/or use non-energy efficient and/or heavy-polluting energy sources;
(c) all governing bodies in Canada [i.e. municipal, provincial and federal] (including the provinces and the territories) that use non-energy efficient and/or heavy-polluting energy sources; and
(d) all citizens, residents and inhabitants in Canada who consume non- energy efficient and/or heavy-polluting energy sources.
Regulations 4. The Governor in Council may make regulations for determining emission reductions under Section 5.
Requirements 5(1) all corporations or entities referred to in section 3(1)(a), (b), and (c) in which this Act applies are required to reduce their greenhouse gas emissions, or their reliance on heavy-polluting energy sources, in accordance with the regulations made under this Section.
4(2) all persons referred to in section 3(1)(d) in which this Act applies are required within one year to begin to reduce their reliance on, or use of, the heavy-polluting or non-energy efficient energy sources that are determined by the regulations made under this Section. Replacement energy sources must be approved sources that are listed in the regulations pursuant to this section that are energy-efficient and low in pollution.
Punishment 5(1) all groups referred to in section 3(1)(a), (b), and (c) in which this Act applies are subject to a fine of up to $2,000,000.00, or up to 5 years in prison for the directors or governing bodies of corporate entities for non- compliance with any part of the requirements of this Act.
5(2) all groups named in section 3(1)(d) in which this Act applies are subject to a fine of up to $10,000 or up to 3 years in prison for non- compliance with any part of the requirements of this Act.
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Notes:
It is the intention of the Governor in Council, through regulations made pursuant to this legislation, to require a significant reduction in the current level of greenhouse gas emissions and/or reliance on heavy-polluting energy sources. Approved replacement energy sources will include natural gas, wind power and solar energy.
For information from CBC on the Kyoto Accord, see: http://cbc.ca/news/features/kyoto_govtplan.html