Opposition forces through Kyoto bill

constitutional battle may loom

By Alexander Panetta
Canadian Press
14-Feb-2007

OTTAWA (CP) - Opposition parties have forced through legislation requiring the Conservative government to respect Canada's commitments under the Kyoto accord, setting the stage for what could be a constitutional quagmire.

MPs voted 161-113 in favour of the Liberal bill Wednesday in a battle pitting the minority Tories against the opposition, the Senate, and the country's legal community.

The government has hinted strongly that it will simply ignore Bill C-288 - even if it is approved by the Senate and becomes law, as expected.

But constitutional experts have said the government has no choice but to respect laws passed in Parliament, and they've warned that lawsuits lie ahead if it fails to do so.

The Liberals have charged that, in a parliamentary democracy, a government's open defiance of the law is comparable to a "coup d'etat."

The Tories, meanwhile, have suggested they would be willing to face lawsuits or a non-confidence motion.

The bill, which is expected to receive the swift approval of the Senate, gives the government 60 days to table a detailed plan for meeting the Kyoto targets.

It also compels the government to set fines or jail terms for businesses and industries that over-pollute.

The Conservatives have rejected the Kyoto targets - a six per cent drop from 1990 levels - calling them unattainable and dangerous to the economy.

Several Tories suggested the minority government might simply ignore the bill if it becomes law.

"It's just a mischief bill," said Mark Warawa, parliamentary secretary to the environment minister.

"It shows what the Liberals have always done: just empty rhetoric, empty bills that won't actually achieve anything.

"We're not going back to that. This government is moving forward with real concrete action to clean up the environment."

One government official suggested that if the opposition is unhappy with their law being ignored, they can bring down the government and trigger an election.

The Liberals waded cautiously into the electoral sabre-rattling when asked if they might table a non-confidence motion, depending on the fate of the bill.

"We're not there yet. We'll see," said the Liberals' deputy leader, Michael Ignatieff. "It's altogether impossible. I'm not ruling anything out."

The Tories have announced that they will spend $1.5 billion to support provincial green initiatives, and have also offered tax credits for public transit users and created renewable fuels initiatives.

The move comes after they killed a host of pro-Kyoto initiatives created by the previous Liberal government - which failed to halt a steep climb in carbon emissions.

Several constitutional experts have said the Conservatives must respect the law.

In interviews last week, university law professors Ned Franks, Patrick Monahan and Stewart Elgie all agreed that the government has no choice but to follow the law.

Adding his voice to the list Wednesday was Errol Mendes of the University of Ottawa.

"If the bill passes. . . it will be a binding legal obligation on the part of the government," Mendes told CTV. "There could be very serious legal consequences."

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