Canada

Turp v. Canada (Attorney General), Federal Court of Canada FC 893, T-110-12

Jurisdiction: Canada


Side A: Daniel Turp (Individual)


Side B: Minister of Justice, Attorney General of Canada (Government)


Core objectives: Application by Turp for judicial review of the federal government's decision to withdraw from the Kyoto Protocol to the United Nations Framework Convention on Climate Change


Summary
The Canadian executive branch has exclusive power to withdraw from treaties; the government's decision to withdraw from the Kyoto Protocol is therefore not subject to judicial review. The Federal Court held that the 2007 Kyoto Protocol Implementation Act does not limit this inherent power of the executive branch, either expressly or by implication. Furthermore, the Canadian Parliament imposed no justiciable duty upon the government to comply with Kyoto commitments.
Case documents

from the Grantham Research Institute
from the Grantham Research Institute
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