This case was heard in the Federal Court of Appeal.
In June 2007, the Kyoto Protocol Implementation Act was passed into law. The Conservative Party of Canada—which held a minority government at the time—did not support the Act, and it some ways the Act conflicted directly with the stated policies of the Executive Branch. Under the Act, the Minister of the Environment was required to prepare an annual Climate Change Plan that would describe how Canada would meet its obligations under the Kyoto Protocol. In August 2007, the Minister published a Climate Change Plan that made it clear that Canada would not be meeting its Kyoto commitments.
Friends of the Earth applied for judicial review of the Minister’s actions, and argued that the Court should order the Minister to prepare a Climate Change Plan that complied with Canada’s obligations under the Kyoto Protocol. The Court held that although the Minister could be ordered to prepare a Climate Change Plan if they failed to do so, there was no law binding the Minister to prepare a Plan that complied with the Kyoto commitments.
When Friends of the Earth appealed to the Federal Court of Appeal, the Court upheld the Federal Court's decision and dismissed the appeal.
To read about this case in the Federal Court, go to Friends of the Earth v. Canada (Governor in Council), 2008 FC 1183 (CanLII).
To read about this case in the Supreme Court of Canada, go to Friends of the Earth – Les Ami(e)s de la Terre v. Minister of the Environment and Governor in Council, 2010 CanLII 14720 (SCC).