Climate Change: Canadian Legal and Policy Responses

AuthorJamie Benidickson
Pages396-422
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).

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