Polar bear, putting her nose into the wind
Friends of the Earth have lost their appeal to the Federal Court of Appeal against Canada’s defiance of the Kyoto Protocol Implementation Act, a Canadian statute. Just days before the 5th US Circuit Court of Appeal ruled that climate change nuisance lawsuits are justiciable, in Comer v. Murphy, the Canadian Federal Court of Appeal went the other way. In brief reasons, the FCA simply adopted the judgment of the Trial Division. Why do Canadian courts feel they are so much more incapable than judges in our American neighbour?