The Canadian Federal Constitutional Framework and the Implementation of the Kyoto Protocol

(2005) 5 Revue juridique polynésienne 125-146

22 Pages Posted: 23 Jan 2006 Last revised: 5 May 2017

See all articles by Stephane Beaulac

Stephane Beaulac

University of Montreal - Faculty of Law; Dentons Canada LLP

Date Written: 2005

Abstract

The Kyoto Protocol raises constitutional issues for the Canadian federation. Because Canada was a British dominion when it was created in 1867, foreign affairs was not a head of competence. With independence, Ottawa has exercised the authority over the negotiation, conclusion and ratification of treaties. However, the dualistic approach to treaties applies, which entails a transformation that follow federalist lines. This situation is problematic with the Kyoto Protocol because environmental questions, like greenhouse gas emissions, are of shared jurisdiction. If one or more provinces refuse to participate in the implementation of Kyoto, Canada as a whole will be in violation of its international obligations. This cannot be.

Keywords: Kyoto Protocol, Environmental Law, Constitutional Law, Canadian Law

JEL Classification: K19, K32, K33

Suggested Citation

Beaulac, Stephane, The Canadian Federal Constitutional Framework and the Implementation of the Kyoto Protocol (2005). (2005) 5 Revue juridique polynésienne 125-146 , Available at SSRN: https://ssrn.com/abstract=876449

Stephane Beaulac (Contact Author)

University of Montreal - Faculty of Law ( email )

P.O.Box 6128
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Montreal, Quebec H3C 3J7
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Dentons Canada LLP ( email )

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