Climate Change: Canadian Legal and Policy Responses

• Author: Jamie Benidickson
• Pages: 396-422

396

CHAPTER 18

CLIMATE CHANGE:

CANADIAN LEGAL AND

POLICY RESPONSES

In broad terms, the response to climate change has two major dimen-

sions. On the one hand, mitigation measures are directed towards the

challenge of reducing greenhouse gas emissions that are contributing

to climate change. Simultaneously, alongside measures to mitigate the

factors and processes th at contribute to climate change, effort s are also

underway to facilitate adaptation to the impacts and effects of climate

change that are already apparent and continuing. Domestic mitigation

and adaptation initiative s in Canada unfold against a backdrop that not

only involves international commitments, as discussed in Chapter 4,

but now also includes acknowledgment by the Federal Court of Appeal

that greenhouse gases “are harmful to both health and the environ-

ment and as such, constitute an evil that justif‌ies the exercise of the

criminal law power.”1 Following a brief review of climate change infor-

mation, drawing heavily upon Assessment Reports (AR) prepared by

the Intergovernmental Panel on Climate Change (IPCC), this chapter

surveys Canadian responses at the federal level, in intergovernmental

settings, in a number of provinces, and within the municipal realm.

1 Syncrude Cana da Ltd v Canada(Attorney General), 2016 FCA 160 at para 62

[Syncrude].

Climate Cha nge: Canadian Legal a nd Policy Responses397

A. CAUSES AND CONSEQUENCES

For the benef‌it of policy-makers, experts from the physical sciences

associated with the IPCC summarized their understanding of the con-

tribution of human activity to changing atmospheric conditions in the

2013 Assessment Report (AR5):2

Human inf‌luence on the cl imate system is clear. This is evident f rom

the increasing greenhouse gas concentrations in the atmosphere,

positive radiative forcing, observed warming, and understanding of

the climate system.3

Human inf‌luence has been detected in warming of the atmosphere

and the ocean, in changes in the global water cycle, in reductions in

snow and ice, in global mean sea level rise, and in changes in some

climate ext remes. This evidence for human in f‌luence has grown since

AR4. It is extremely likely that human inf‌luence has been the domin-

ant cause of the obser ved warming since the mid-20th centur y.4

With reference to future developments, IPCC AR5 observed that:

“Continued emissions of greenhouse gases will cause further warming

and changes in all components of the climate system. Limiting climate

change will requi re substantial and sustained reductions of g reenhouse

gas emissions.”5

The Paris Agreement aff‌irmed a mitigation target or objective of

“hold ing the increase in the global average temperature to well below 2

degrees C above pre-industrial levels,” but in addition noted the signif‌i-

cance of “pursuing efforts to l imit the temperature increase to 1.5 degrees

C above pre-industrial levels, recognizing that this would signif‌icantly

reduce the risks and impacts of climate change.” In relation to the more

ambitious 1.5°C goal, the IPCC prepared a Special Report in 2018.

The anticipated sectoral impacts of climate change on agriculture,

forestry, and f‌isheries, for example, have been examined from the Can-

adian perspective.6 On a broad scale, ecosystems and habitat are being

2 TF Stocker et al, e ds, “Summary for Policym akers” in Intergovernmenta l Panel on

Climate Cha nge [IPCC], Climate Change 2013: The Physical Science Basi s (Cam -

bridge: Cambr idge University Press, 2014), online: www.climatechange2013.org/

images/report/WG1AR5_SPM_FINAL.pdf.

3 Ibid at 15.

4 Ibid at 17.

5 Ibi d at 19.

6 Geologic al Survey of Canada, Terrai n Sciences Division, Climate C hange Impacts

and Adaptat ion: A Canadian Perspective (Ottawa: Cl imate Change Impacts and

Adaptation Prog ram, 2004).