Is the Kyoto Accord Constitutional

Essay by ruggerUniversity, Bachelor'sA+, December 2002

download word file, 13 pages 4.3


The Canadian Parliament has recently ratified Bill C-678 in order to implement the Kyoto Accord into Canadian law. The Kyoto Accord was established in Japan in December of 1997. It is an international agreement that sets targets to reduce the greenhouse gas emissions that cause climate to change. These greenhouse gases include primarily carbon dioxide, methane and nitrous oxide. The accord calls upon the industrial nations to reduce their emissions of these greenhouse gases by at least five percent below the 1990 level by 2008-2012. However, since most countries emissions have increased since 1996 the actual greenhouse gases reduction is much higher; for example Canada would require a reduction of greenhouse gases by almost thirty percent in order to meet 1996 levels.


The Canadian province that will be hardest hit, by the implementation of the Kyoto Accord, will be the Province of Alberta. Currently they are highest per capita emitter of carbon dioxide in Canada and the second highest emitter of carbon dioxide with twenty-seven percent of the total Canadian carbon dioxide emissions.

This is because Alberta is the largest user and exporter of fossil fuels, such as oil, coal and natural gas. According to Alberta's Premier Ralph Klein the Kyoto Accord could cost the Alberta economy approximately $5.5 billion Canadian a year and result in the loss of approximately 70 000 jobs.

Therefore, the Alberta Government has brought about a case to the Alberta Court of Appeal asserting Federal Government's legislation is ultra vires with regard to implementing the Kyoto Accord. The Alberta Government argued Bill C-678 violates provincial jurisdiction as a result of s. 92 (13) of the Constitution Act, 1867, Property and Civil Rights. The Federal Government on the other hand argued that they had the jurisdiction to implement Bill C-678 due to...