Josephine V. Yam

Federal Court of Canada Holds that Canada can Legally Withdraw from Kyoto Protocol

On January 13, 2012, Daniel Turp filed an application with the Federal Court for judicial review of the Government of Canada’s decision to withdraw from the Kyoto Protocol. Its decision to withdraw was communicated to the Secretary General of the United Nations on December 15, 2011. Turp asserted that withdrawal from the Kyoto Protocol was illegal as it was in violation of the Kyoto Protocol Implementation Act (KPIA), among others.

On July 17, 2012, in Turp v. Canada, the Federal Court dismissed the application for judicial review. It found, among other things, that the KPIA, which established certain climate-change-related reporting obligations on the Canadian government, did not limit its royal prerogative to withdraw from the Kyoto Protocol. Thus, the government’s decision to withdraw from the Kyoto Protocol did not violate the KPIA.

The full decision of Turp v. Canada can be accessed at this link:
http://cas-ncr-nter03.cas-satj.gc.ca/rss/T-110-12%20kyoto%20decision%20ENG.pdf