Federal Court upholds Ottawa’s right to pull out of Kyoto accord

MONTREAL – The Federal Court has upheld the right of Prime Minister Stephen Harper’s government to withdraw from the Kyoto accord last December.

The court ruled against a challenge by former Bloc Quebecois MP Daniel Turp, who argued the provinces should have been consulted about the decision to pull out of the climate-change accord.

Justice Simon Noel said it was not up to Turp, who is now a law professor, to speak on behalf of the provinces.

Turp believes the federal government had no right to make a unilateral decision.

Noel says Ottawa’s action did not violate the principle of separation of powers.

He ruled the federal government is not obliged to consult Parliament in such a case and pointed out that executive powers give it the right to pull out of an international treaty.

The judge says Ottawa in fact acted in accordance with the rules set out in the Kyoto accord.