Constitutional Change to Address Climate Change and Nonrenewable Energy Use (original) (raw)

Abstract

Climate change, or climate breakdown, is arguably the greatest challenge we now face. The need to address it seriously has been widely accepted by all national political parties in Can- ada, if only lately and grudgingly. Yet Canada is far behind European countries in turning to low-carbon energy sources — we remain the world’s highest per capita energy user and car- bon emitter. We signed the Kyoto Protocol,1 but far from meeting our obligations under it, we have increased our greenhouse gas emissions. Our record is worse than even the Americans, who did not sign Kyoto.

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What explains Canada's lag in adopting low-carbon energy sources compared to Europe?add

The paper reveals that Canada is the world's highest per capita energy user and carbon emitter, lagging significantly behind Europe in transitioning to low-carbon energy sources. Despite signing the Kyoto Protocol, Canada has increased its greenhouse gas emissions instead of meeting its obligations.

How could constitutional revision facilitate action on climate change in Canada?add

The study argues that Canada's Constitution lacks mechanisms necessary for addressing the climate crisis and regulating nonrenewable resources. It suggests comprehensive constitutional changes are essential for the development of effective climate policies across governmental jurisdictions.

What are the recommended greenhouse gas emission reductions to combat climate change?add

According to the Intergovernmental Panel on Climate Change (2007), an 85% reduction in greenhouse gas emissions is necessary, with critics like George Monbiot advocating for a 90% reduction for industrial countries. For Canada specifically, Monbiot estimates a required reduction of 94%.

What role do corporations play in hindering climate action under the Canadian Constitution?add

The paper highlights that corporate rights, interpreted as equivalent to individual rights, impede governmental action on climate change by prioritizing corporate interests over public health and environmental protection. Judicial interpretations have allowed corporations to promote hazardous products, limiting the sovereignty of the people.

When did peak oil occur, and why is this relevant to climate concerns?add

Peak oil occurred millions of years ago, indicating that fossil fuel depletion is a historical issue rather than a contemporary debate. Understanding this allows for a clearer focus on the urgent need for sustainable energy alternatives amid the ongoing climate crisis.

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References (12)

  1. O ce of the Auditor General of Canada.
  2. Santa Clara County v. Southern P.R. Co., 118 U.S. 394 (U.S. 1886).
  3. Irwin Toy Ltd. v. Quebec (Attorney General), 1989 SCC 87, [1989] 1 S.C.R. 927 (CanLII).
  4. Ibid. at 977.
  5. Alastair R. Lucas, "Legal Constraints and Op- portunities: Climate Change and the Law" in Harold Coward & Andrew J. Weaver, eds., Hard Choices: Climate Change in Canada (Waterloo: Wilfred Laurier University Press, 2004) 179. 16 e division of powers was altered with the addition of Section 92A to the Constitution Act, 1867. is section addresses provincial jurisdic- tion over "Non-Renewable Natural Resources, Forestry Resources, and Electrical Energy," and came into force as part of the Constitution Act, 1982.
  6. Ibid. See also Stewart Elgie, "Kyoto, e Consti- tution, and Carbon Trading: Waking a Sleeping BNA Bear (Or Two)" (2007) Review of Constitu- tional Studies 67.
  7. United Nations Environment Programme, e Montreal Protocol on Substances that Deplete the Ozone Layer (Nairobi: UNEP, 2000) [Montreal Protocol].
  8. 20 Intergovernmental Panel on Climate Change, Summary for Policymakers in B. Metz, O.R. Da- vidson, P.R. Bosch, R. Dave, & L.A. Meyer, eds., Climate Change 2007: Mitigation. Contribution of Working Group III to the Fourth Assessment Report of the Intergovernmental Panel on Climate Change (Cambridge, U.K. & New York: Cam- bridge University Press, 2007) at 15.
  9. George Monbiot, Heat: How to Stop the Planet from Burning (Toronto: Doubleday, 2006) at 15-16.
  10. Eric Hobsbawn, e Age of Extremes (New York: Pantheon, 1994) at 84.
  11. Convention for the Amelioration of the Condi- tion of the Wounded in Armies in the Field, 1864 [Geneva Convention].
  12. Ibid.