Two Wet91裸聊视频檚uwet91裸聊视频檈n hereditary chiefs are suing the federal government to pass legislation that will allow government to shut down oil and gas projects after they have already been approved.
Attorney Richard Overstall filed the suit in Federal Court in Vancouver Feb. 10 on behalf of Lho91裸聊视频檌mggin (Alphonse Gagnon) and Smogilhgim (Warner Naziel) and their Likhts91裸聊视频檃misyu Clan houses.
Overstall said the key item the plaintiffs are seeking is for the court to order the federal government to give itself the power to shut down projects such as the Coastal GasLink (CGL) LNG pipeline if Canada does not meet, or is in danger of not meeting its international commitment to reduce greenhouse gas (GHG) emissions under the Paris agreement, which seeks to keep global average temperatures below 2 C above pre-industrial levels.
Overstall said the claim wasn91裸聊视频檛 asking the court to order the government to shut down [projects],91裸聊视频� but rather to change the environmental assessment act that approves projects like the $6.6 billion pipeline.
In essence, Overstall said, the chiefs want government to have the ability to take back an approval.91裸聊视频�
91裸聊视频淩ight now once an approval is given to an oil sands project or an LNG project, there is no ability for the government to close it down,91裸聊视频� he said.
Overstall said the suit is not specifically a prelude to a future claim to shut down the CGL project, but that it would open that door, if ordered.
91裸聊视频淚t would give anybody that ability to lobby the government,91裸聊视频� he said. 91裸聊视频淚91裸聊视频檓 sure the fossil fuel industry would lobby the government not to use that power, but that91裸聊视频檚 the idea.91裸聊视频�
The statement of claim relies on section 91 of the Constitution and Sections 1, 7 and 15 of the Charter of Rights and Freedoms as a legal basis.
Section 91 requires Parliament to 91裸聊视频渕ake Laws for the Peace, Order, and good Government of Canada.91裸聊视频�
The claim states the government has breached that duty 91裸聊视频渂y making laws that allow it to approve the construction and operation of high GHG-emitting projects and that allow such projects to continue operating through future decades with the result that Canada will be unable to comply with its constitutional duty to protect the plaintiffs and all Canadian citizens from the effects of global warming and will be unable to meet its international commitments to keep global warming to non-catastrophic levels.91裸聊视频�
Citing Section 7 of the Charter, the claim said the government 91裸聊视频渉as deprived the plaintiffs of their right to life, liberty and security of person by making laws that allow high GHG-emitting projects to operate now and into the future in breach of Canada91裸聊视频檚 fair contribution to keep global warming to non-catastrophic levels.91裸聊视频�
Under 15(1) of the Charter it says the government 91裸聊视频渉as deprived the plaintiffs of their right to equal protection and equal benefit of the law based on the age of the plaintiffs91裸聊视频� younger members and future generations by making laws that allow high GHG-emitting projects to operate now and into the future in breach of Canada91裸聊视频檚 fair contribution to keep global warming to non-catastrophic levels.91裸聊视频�
Overstall said young people are especially at risk because fossil fuel projects have export licences for 40 years 91裸聊视频渨hich, as we say in the statement of claim, blasts it way through the various deadlines, 2030, 2050, that are in the Paris agreement and into the very dangerous, I would say catastrophic, climate effects in the latter half of the 21st century.91裸聊视频�
Finally, the claim says that the infringement of Charter rights under Sections 7 and 15 cannot be justified by Section 1 which states Charter rights and freedoms are guaranteed 91裸聊视频渟ubject only to such reasonable limits prescribed by law as can be justified in a free and democratic society.91裸聊视频�
The plaintiffs are are also looking for an order that the government completes independent annual audits of Canada91裸聊视频檚 cumulative greenhouse gas emissions 91裸聊视频渆ssentially warning the government and warning other Canadians when Canada91裸聊视频檚 share of the reductions is insufficient to meet the Paris agreement commitment,91裸聊视频� Overstall said.
He added the chiefs feel it is their responsibility to take action on climate change.
91裸聊视频淲hat they said to me was91裸聊视频� these projects are going through our territories, we don91裸聊视频檛 like them for all kinds of environmental reasons, protecting our territories91裸聊视频� we have a responsibility because anything that happens on our territory is our responsibility.91裸聊视频� he said. 91裸聊视频淯nder the Wet91裸聊视频檚uwet91裸聊视频檈n Indigenous law that91裸聊视频檚 always been a rule, that a house is responsible for what happens on its territories.91裸聊视频�
The government has 30 days to respond to the claim. None of the claims have been proven in court.
Overstall expects the process to continue throughout the spring and summer and possible beyond.
CGL has not said yet whether it will seek intervenor status.
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