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The Federal Court recently ruled that courts can’t settle a lawsuit against the government of Canada in relation to the Kyoto Protocol Implementation Act, a move one lawyer involved in the case called “distressing.”

“If we can’t turn to the courts to ensure that the laws of the land are upheld, I fear our government will continue to drift towards unaccountability on climate change and other issues Canadians care deeply about,” said Ecojustice lawyer Hugh Wilkins in a release.

The lawsuit was launched in June for Friends of the Earth Canada by pro bono lawyers from Paliare Roland Barristers and Ecojustice. Friends of the Earth wanted a court declaration that the government failed to meet legal requirements of the KPIA by missing deadlines and failing to publish regulations.

“The court has sent a message that the government can pick and choose which laws to obey,” said lawyer Chris Paliare. “We will undoubtedly be considering further legal action to ensure that the government is held accountable.”

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