On March 25, the Supreme Court of Canada will decide Friends of the Earth’s application for leave to appeal. In 2006, FOE asked the Federal Court of Canada to order the Harper government to comply with a valid Canadian statute on managing climate change, the Kyoto Protocol Implementation Act. The government admits that it does not comply. The Federal Court refused, arguing that the issue is not “justiciable”, i.e. suitable or intended for resolution in the courts. Tomorrow, the Supreme Court will announce whether it will hear FOE’s appeal.
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