UN Climate Summit: Extreme inequality fueling climate change: Oxfam study

Class analysis shows richest 10 per cent causing half of emissions

Ocean Beach, at the end of Golden Gate Park, San Francisco, people llie down on the sand and spell out TAX THE 1%.

By Derrick O’Keefe, reposted from Ricochet, Dec 2, 2015

The evidence is clear: the rich are destroying the planet.

A new study released Wednesday by Oxfam highlights how extreme inequality is fueling climate change. The report, released earlier today in Paris at the COP21 UN climate summit, found that “the richest 1 per cent of the world’s population produces 175 times as much CO2 per person as the bottom 10 per cent” and the richest 10 per cent produce fully half of all carbon emissions.

In an executive summary of the report, Oxfam argues that the fights against climate change and inequality are inextricably linked: “it’s a crisis that is driven by the greenhouse gas emissions of the ‘haves’ that hits the ‘have-nots’ the hardest.”

The new report will bolster the climate justice demands being pushed by tens of thousands of civil society, environmental and Indigenous activists gathered in Paris, who are for the most part not optimistic about the draft text being negotiated.

“Rich, high emitters should be held accountable for their emissions, no matter where they live.”

Even best-case scenarios seem to point to an agreement that falls short of an action plan to keep the world under 2 C of warming, the threshold scientists overwhelmingly agree can’t be breached in order to avert catastrophic climate change. What’s more, individual countries’ emissions targets won’t be legally binding, a position pushed by the U.S., China and other big polluters, and conceded in advance of the talks by Canada’s new Liberal government.

Class analysis of climate crisis

The data analysis by Oxfam is significant for a couple of reasons, first and foremost because it goes beyond the country-to-country comparisons that set the basic framework of the UN climate negotiations. Simply put, the data allows for a class analysis of the climate crisis.

“Rich, high emitters should be held accountable for their emissions, no matter where they live,” said Oxfam’s climate policy head Tim Gore said in a statement accompanying the report.

According to Oxfam, the poorer half of humanity, roughly 3.5 billion people, are responsible for a mere 10 per cent of all emissions. Tragically, the poor also live in the countries most affected by climate change and with the least capacity for adaptation.

Furthermore, Oxfam explicitly cautions against leaving the task of reducing the carbon footprints of rich or poor to individual lifestyle choices, pointing to the importance of government policy on issues such as transportation and energy. This approach has long been advocated by the Climate Justice Project of the Canadian Centre for Policy Alternatives, which emphasizes “structural changes and collective action to lower carbon footprints rather than individual behavioural change.”

Billionaires as climate saviours?

The timing of Oxfam’s release is auspicious, coming on the heels of the launch of the Breakthrough Energy Group, an alliance of billionaires mostly from the tech sector, who have announced major new investments in renewable, non-fossil-fuel energy.

So while the super-rich have been lavished with praise from politicians, and soaked up much of the media attention during the first week of the Paris climate summit, Oxfam’s research serves as a reminder they are a disproportionate part of the problem.

Other recent studies have also made the case for making inequality reduction central to efforts to mitigate climate change. French economist Thomas Piketty, for example, published a major study last month entitled, “Carbon and inequality: from Kyoto to Paris.”

“It is the rich Europeans, Americans and Chinese that emit the most CO2, while the emissions from the world’s poorest citizens are falling,” Piketty and co-author Lucas Chancel argue. “The richest 1 per cent of Americans, Luxembourgers, Singaporeans and Saudis emit more than 200 tonnes of CO2 per person per year; 2,000 times more than the poorest in Honduras, Rwanda or Malawi.”

Piketty and Chancel recommend a number of measures to curb the emissions of the rich, including a new tax on air travel. Given Piketty’s fame since the publication of his bestselling book, Capital, it’s remarkable how little attention his recommendations on climate change have garnered.

It’s high time for the findings of Oxfam and Piketty to be put centre stage in Paris at the UN climate talks. If world leaders are serious about evidence-based climate policies, then they should make the billionaires cede the spotlight to anti-poverty activists. SOURCE


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Michael Riordon: “Act now or get out of the way.”

100 percent possible, the march
Ottawa, Canada, November 29, 2015.

By Michael Riordan, reposted from MichaelRiordon.com, Dec 3, 2015

On a grey, chilly day, 25,000 of us (give or take a few) took to the streets of the national capitol. Beautifully diverse in race, origin, faith, age, gender, orientation, and politics, we sent one message to those in power: Climate solutions and climate justice = 100% Possible. 100% renewables by 2050 = 100% possible. Act now or get out of the way.

If you ask me, 2050 is too far away. So easy for slippery politicians to say, “2050? Why not, whatever…” But that’s just me, quibbling.

I suspect there are few illusions among this crowd as to what we face: a towering, apparently seamless wall of greed, governments bought and sold, rampant corruption, fear and inertia. By hook or by crook, the arrogant few inside the castle control the levers of power and will do whatever it takes to hold onto them.

One example: In France the government used the recent attacks in Paris as an excuse to ban all public demonstrations at COP21, the glamourous big stage where ‘world leaders’ aired their platitudes this week, while groveling to their corporate sponsors. Citizens who defied the ban – public protest being one of the few levers we still have – were tear-gassed by police then truckloads of them were arrested. The authorities also house-arrested climate justice activists, and then a lawyer who tried to appeal the protest ban in court.

This tyranny was imposed, and will continue to be imposed, in the name of anti-terrorism. This is the “democracy” that the authorities claim to defend.

But: With the earth’s life support systems under sustained corporate assault and engineered wars, fully backed by virtually every government on the planet, as humanity and our neighbours sink into ever deepening harm and peril, it only takes open eyes to see who are the real terrorists.

Here in comfy Canada, our shiny, smiling new government is doing some good things, beginning to undo at least some of the wreckage perpetrated by the outgoing Northern Republicans (aka Conservatives). At the same time, the newly elected Liberal government openly supports the atmosphere-killing tar sands, the pipelines and trains needed to deliver their toxic brew to ports and ships on both east and west coasts, as well as the Trans-Pacific Partnership, a catastrophic corporate-dictated trade agreement, negotiated in secret, that will make it virtually impossible for any signatory government to take effective action against climate collapse.

But despite all this, people everywhere will continue to find creative ways to express their love for the earth and for justice, and their refusal to comply with those who would trample both.

In Ottawa, November 29, 2015, the people’s march for climate justice culminated with the creation of a giant message to Parliament. (Look for me about halfway up the right side of the second zero…)

In our thousands, we spelled it out for them: 100% possible.

Act now or get out of the way.

100 percent Possible, Nov 2015

SOURCE

BC’s climate action masquerade

Cartoon by Greg Perry.

By Marc Lee, reposted from Policy Note, Nov 29, 2015

When BC Premier Christy Clark arrives at the Paris climate conference, as part of a reinvigorated Canadian delegation under PM Trudeau, the world will hear bold statements about BC’s climate leadership. BC has received much praise since its 2008 introduction of a carbon tax (under previous Premier Gordon Campbell), and for its legislated greenhouse gas targets, which call for a one-third reduction in emissions by 2020 relative to 2007 levels.

The trouble is BC has done essentially nothing on the climate file since that time, and the current Clark government has actively been moving the yardsticks backwards by aggressively pursuing an LNG export industry. In truth, Campbell’s Climate Action Plan never contained measures sufficient to meet that 2020 target. A 2008 Climate Action Team was tasked to make recommendations about how the province could achieve the 2020 target, but the government largely ignored them.

Fast forward to 2015, and statistics show that after a recession-induced drop in emissions in 2009 and 2010, BC’s greenhouse gas emissions grew every year up to 2013, the last year for which we have data. BC government claims to have met an interim 2012 target of 6 percent below 2007 levels were on the basis of dubious offset purchases.

This is the context for the report of the new Climate Leadership Team (CLT), recruited last summer to make recommendations for a next phase of climate action in BC. Viewed cynically, this was a last-minute attempt to save face before the spotlight of the Paris climate negotiations.

The government instructed the CLT to make recommendations that would not thwart its LNG ambitions or undermine economic “competitiveness” (narrowly understood). It is likely this mandate could not be squared with the scientific and ecological imperative, thereby making it a challenging experience for environmentalists appointed to serve on the CLT alongside industry (including the LNG Alliance).

The end result, sadly, is a set of recommendations that disappoints relative to the ambition the world needs, and the leadership BC really could provide. (If you want to compare, my submission to the CLT, summarizing the work of the Climate Justice Project, is here.)

The CLT states that BC will not meet its 2020 targets, nor are its own recommendations sufficient to get there. This aligns BC with a dubious Canadian tradition: setting targets and then failing to meet them. It is unfortunate that the CLT chose not to put up more of a fight on this front, given that the first item in the CLT’s mandate was to advise the government on “achieving BC’s legislated GHG emission reduction targets.”

The CLT report instead shifts the yardsticks, calling for a reduction of 40% below 2007 levels by 2030, which gives the government cover for making the same shift. Whether a new target for 2030 has any credibility depends on how the government responds. After releasing the CLT report – on a Friday afternoon, after media stories for the day had already been filed – the government has promised only consultations in January 2016 “with industry and the public” (in that order).

The CLT has some interesting things to say about GHG reduction in BC. There are many positive recommendations to reduce emissions in buildings, transportation and communities. These are all areas of domestic consumption, and the low-hanging fruit of GHG reductions. The real challenge, however, is how BC addresses its fossil fuel production sector, and plans for a massive escalation via LNG.

The CLT was forced to work around LNG as part of the status quo path forward, so its recommendations deal with reducing the damage, at least in terms of emissions from extraction and processing in BC. The lion’s share of emissions would occur when gas is combusted in the importing country – all told we are looking at the equivalent of adding 24 million cars to the roads of the world for a middle scenario of LNG. On the plus side, the CLT recommends that GHG emissions be included in BC’s environmental assessment process.

A major part of reducing the domestic emissions associated with LNG is a call for clean electricity to be supplied by BC Hydro. Interestingly, the planned construction of the controversial Site C dam is not explicitly mentioned, nor the local and First Nations opposition to it (court cases are still pending). This is a significant oversight given that the real purpose of the dam is to provide low-cost power to the mining and gas sectors. This also reflects a broader theme – the report fails to mention First Nations rights and title in the context of industrial development.

The economics of LNG are currently awful. Even if BC had a plant built and ready to go, an LNG exporter would be losing money on every tanker load sent to Asia. This is the main reason why LNG has been so often promised, but no final investment decision has occurred. So it may be economics, not climate policy, that has the most impact on BC’s future GHG emissions.

In the government’s discussion paper for the CLT process, they repeat a claim that LNG would reduce global GHG emissions by displacing coal in China. Sadly, the CLT report does not counter this assertion (for critiques see here, here, and here).

The central recommendation of the CLT is for BC to start increasing its carbon tax, frozen since 2012. The CLT proposes that BC’s carbon tax increase by $10 per year, but not starting until 2018. Emissions not already covered by the carbon tax are given until 2021 before being subject to it. It notes that this will affect the gas and other industrial sectors, and proposes subsidies to industry out of carbon tax revenues to deal with those “competitiveness” issues. Yet, unlike the recent Alberta report from the Leach commission, the CLT is silent on supports for workers in carbon-intensive industries, and the need for just transition policies.

While increasing the carbon tax by $10 a year is worth supporting, the CLT places too much faith in the emission reduction incentives of the tax itself, and not enough on its potential to fund green infrastructure, like public transit, needed for BC to really get off of fossil fuels.

The team calls for a 1 percentage point reduction in the PST, from 7 to 6 percent, funded by the carbon tax increase. The CLT ultimately rejects the BC government policy of revenue neutrality (without explicitly saying so), arguing that incremental carbon tax revenues support complementary climate action measures, including new technology development and funding for local governments, although the CLT only allocates a very small share of new carbon tax revenues for these purposes. In another part of the report, the CLT supports increased public transit, but does not tie carbon tax revenues to supporting it, as has been recommended by Metro Vancouver mayors, among others. The CLT also acknowledges that low-income households and rural communities may be adversely affected, so deserve a portion of increased carbon tax revenues.

Strangely, in the appendices (p. 26) we find that the CLT recommendations as modeled are not sufficient to meet their stated targets of a 40% reduction by 2030 (over 2007 levels) and 80% by 2050. Needing to work around LNG is the likely culprit here, although the information provided is not sufficient for the reader to gauge the impact.

All told, the CLT has some important recommendations for further action, but will require the BC government to actually implement them and then some. Whether the CLT or the government can claim this represents leadership is disputable, however, given BC’s dogged pursuit of LNG.

Back in 2008, some claim of climate leadership was fair, but no longer. BC’s limited climate actions have fizzled, replaced with claims of leadership unmatched by deeds. In that context, it’s hard to see this as anything other than a cynical exercise, a masquerade for the Paris spotlight, to allow an LNG-pushing Premier to pretend to be a climate hero. SOURCE


 

A Climate Friendly Canada and Climate Policy in the Tar sands? What’s Next?

Alberta tar sands
Alberta tar sands by Howl Arts Collective \ CC BY-SA 2.0

BY TZEPORAH BERMAN, reposted from Alternatives Journal, Dec 1, 2015

DEAR FRIENDS,

As we head through the Paris Climate Summit (COP21), I hope those who have worked tirelessly to stop the expansion of tar sands, tar sands pipelines and oil trains are taking a moment to be proud and to rejoice. We are in a better and more hopeful position on climate policy than many of us thought possible even six months ago. That’s because our work has ensured that climate change is on the top of decision-makers agenda and created diverse and effective coalitions across North America. It’s because we didn’t just research, organize, march and lobby – this time we slowed them down. Our focus on pipeline and oil train infrastructure successfully slowed down tar sands development and cost the fossil fuel industry billions of dollars. It made the climate fight real and tangible to millions of people and created a new urgency to the development of climate policy in Alberta and Canada, as well as the development of new important policy precedents like Obama’s Georgetown ‘climate test’ on infrastructure.

Over the past several years I have linked arms with ranchers and indigenous leaders, I have marched with scientists and fisheries workers, I have strategized with faith leaders and mayors. This is a movement that has made climate change tangible to people from all walks of life. It is a movement that has built political pressure and created political space for doing the right thing. It is a movement that has connected the dots between our current energy systems, Treaty rights, workers rights, community health and climate change.

This month that work paid off and we saw some of our first tangible victories – the rejection of the Keystone XL pipeline by President Obama and the mandate letters of Prime Minister Trudeau that will result in new climate policy for Canada, end the attack on environmental groups, unmuzzle our scientists and bring back our environmental laws.

Most shockingly last week Premier Notley in Alberta announced a new globally leading climate policy that will phase out coal, build renewable energy, put a serious price on carbon and cap emissions from the tar sands. Most importantly we saw oil industry leaders standing on the stage supporting those policies.

That’s because of you and we cannot underestimate the importance of that, both in Alberta and globally. For years many of us have documented the impact of the fossil fuel industry in holding back climate legislation and policy.

Follow the failure of cap and trade, carbon taxes, and even the United Nations Climate Change Conferences, over the last twenty years and you find big powerful fossil fuel companies opposing those policies and progress. In an economy 70 percent dependent on oil, these policies could not have been introduced without some industry support. The industry supported them because of you. Because we successfully created a problem that they and the government had to fix.

The struggle now is that the ‘fix’ does not address the full concerns of the movement. Our job now is to figure out how to build on this, how to acknowledge success while shifting the narrative again, supporting decision makers like Notley and Trudeau while ensuring they continue to feel pressure to keep moving the needle. I know, I can already hear some of you outraged, “supporting them?! But X is still horrible and Y has not been addressed!” Agreed.

But to say a policy is great does not mean there is not more work to be done.

To say congratulations to a decision maker for doing something that is right and brave does not mean that you support everything they are doing or think they don’t need to do other things.

To say there is a limit on emissions doesn’t mean in the future it can’t be adjusted or that emissions need to grow that high. It’s a ceiling not a floor.

A year ago you couldn’t say the words ‘climate change’ in the Alberta legislature. A year ago people laughed at you if you suggested Alberta should have a carbon tax like BC. A year ago if you talked about shutting down coal in Alberta people looked at you like you had lost your mind. A huge cultural and economic shift is taking place in Alberta - this is a fossil fuel dependent economy re-imagining itself in the climate era.

I appreciate that this is a movement that in the climate era drives to do more, to change the narrative and expand the art of the possible. That is as it should be, the planet needs us to drive policies to align with the science, to keep the world below 2 degrees. I appreciate that in the largest industrial project on earth so much damage has been done that one announcement, one set of policies, is not nearly enough. I have walked through the Tar sands, visited with elders in Fort McMurray and Fort Chipewyan and I know that there is so much more work to do to heal the land, our communities and ensure justice and respect for Treaty rights.

I also know that Premier Rachel Notley and Minister Phillips just did a courageous thing. They fully accepted the work of Andrew Leach and the panel as well as placed a hard limit on emissions - ensuring that the tar sands with existing technology cannot grow more than what is already being produced and what is under construction. Ask yourselves this: if you were in Rachel Notley’s position what would you have done? Any stronger and you would have shut down what’s under construction, thrown thousands out of work and set up the government for massive industry compensation claims. And these policies will stick, unlike former Premier Redford’s proposed “40:40” - a small increase in tar sands carbon price or former Premier Stelmachs royalty review because of the power of protest. Because the industry knew it needed to bite the bullet and support serious climate policy because they were getting hammered. We created the political space for a government to do the right thing. Does this mean they still want a pipeline? Probably. But they sure don’t need four of them now. And while this is strong climate policy it doesn’t take away community concerns about oil spills, tankers, water safety or Treaty rights.

This is not the end. It is, however, a new beginning.

We will all need to get smart and creative and build new narratives and strategies. It’s easy to get locked into the frame and discussion of the past but the urgency of the climate era demands that we move past that. That we progress. That we take our victories and build on them. We pivot to solutions and use our new found citizen power to lock in some policies that will reduce demand for fossil fuels and build out renewables. We build on the conversation and start to develop policy agendas like a ‘climate test’ or social cost of carbon metrics within environmental assessment processes. These can stop Canada from locking into fossil fuel infrastructure and make the ‘keep it in the ground’ campaign message a practical policy solution. Internationally we begin to develop a conversation that recognizes national commitments to keep fossil fuels in the ground and not just progress to reduce domestic emissions. And we find ways to support leadership when people stick their necks out and use it as a model to encourage other jurisdictions.

Is what we have achieved in the tar sands campaign to date enough? No. Is it historic leadership in an Alberta economy that is 70 percent dependent on oil. You bet it is. It is also a testimony to the hard work, creativity and persistence of thousands. SOURCE


Tzeporah Berman BA MES LLD (honoris causa) has been designing environmental campaigns for 20 years. She is a Co-founder of ForestEthics and former Co-director of Greenpeace International’s Climate Unit. She is the author of This Crazy Time: Living Our Environmental Challenge published by Knopf Canada and an adjunct professor of Environmental Studies at York University.

How Harper tied the courts in knots — and what Trudeau should do about it

shutterstock_4547335

By , reposted from iPolitics, Dec 1, 2015

The new Liberal government has a big job ahead of it: shredding the thick and tangled legal web the Conservatives spun to thwart a variety of Canadians who sought legal redress in the courts.

All too often, citizens who had suffered injustice at the hands of the state launched lawsuits, only to be slowly bled dry — their savings depleted — by the stalling tactics of federal lawyers. The feds have deep pockets. Under the Tories, there were few incentives for federal lawyers to work quickly to offer timely decisions.

When courtroom stalling tactics didn’t work, the Conservative government sometimes passed retroactive legislation to protect itself from lawsuits.

Elderly indigenous people from Newfoundland and Labrador who were abused in residential schools are among those whose lawsuits have been stalled for years by devious legal ploys. A trio of Canadian Muslim men who were tortured in the Middle East while their government willfully looked the other way also have been revictimized by legal delays.

Heaven knows how many aggrieved Canadians never had the resources to go to court. How many others prematurely abandoned the fight for their rights because they ran out of money to cover lengthy appeals?

The new government has suggested that this pattern — denying justice by delaying it — will stop. Prime Minister Justin Trudeau’s mandate letter to Justice Minister Jody Wilson-Raybould says one of her priorities must be a review of federal litigation strategy. The intent is to drop appeals in dubious cases that may be inconsistent with the government’s duty to uphold the Charter of Rights. The new government’s maiden throne speech on Friday may provide further details.

The countdown clock is ticking for many of the indigenous people who were in orphanages and residential schools in Newfoundland from 1949 to 1970. Many of them are now seniors. Some undoubtedly are in poor health. They are part of a class-action lawsuit launched in 2007.

If any Canadians deserve speedy redress, it’s these people. But you’d never know that by the way the Justice department under Harper handled the case.


 

Trudeau’s mandate letter to Wilson-Raybould suggests that shameful foot-dragging by government lawyers will no longer be part of the federal government’s litigation strategy.

There are scores of examples of government lawyers dragging their feet in an effort to outlast the plaintiffs, lawyers for the indigenous people recently told The Globe and Mail’s Sean Fine. The Harper government, for example, refused to allow old federal documents, including cabinet orders, to be used as evidence unless the plaintiffs could produce a witness to explain the documents.

How’s that supposed to work? Have you ever tried to subpoena a dead cabinet minister? Most of the authors of those orders are dead; those that aren’t probably could not recall anything more than what the documents say, lawyers for the plaintiffs argued. They recently won this legal point — but not until after a long legal battle ate up more time.

“This case is being litigated like a lawsuit between Canada and a bank,” said Kirk Baert, a lawyer for the plaintiffs. “Which means no-holds-barred — whoever’s got the most resources, just drag it out.”

This must seem terribly familiar to Abdullah Almalki, Ahmad El Maati and Muayyed Nureddin, the three Muslim Canadians who are suing the government for the part federal officials played in their arrests in Syria and subsequent detention and torture. The men were never charged with any crime. They were merely collateral damage in the terrorism scare after the 9/11 attacks.

A judicial inquiry, headed by former Supreme Court justice Frank Iacobucci, determined that information provided by the Canadian Security Intelligence Service led to their arrests in Damascus. But the inquiry did not have authority to order compensation for the men. So, they continue their fight in lawsuits that have dragged on now for years.

You would think their lawsuit could be fast-tracked by using the sworn testimony witnesses gave to the Iacobucci inquiry and his findings of fact as evidence in the court case. But government lawyers have objected. They insisted that the same witnesses should testify a second time.

At one point, lawyers for the trio tried to find out who told CSIS about alleged activities that made the men “terrorist suspects” in the first place. Federal lawyers objected.

Meanwhile, the Harper government retroactively brought in legal amendments that protect the identities of CSIS sources — even in court cases.

Nice try, Mr. Harper. Federal Court Judge Richard Mosley last week shot down the Justice department’s attempt to apply the amendments retroactively. The judge’s ruling hinted that the amendments might be found unconstitutional even in future cases involving CSIS informants recruited after the identity protection came into effect.

Trudeau’s mandate letter to Wilson-Raybould suggests that shameful foot-dragging by government lawyers will no longer be part of the federal government’s litigation strategy.

The minister’s mandate goes even further. She’s been told to work with Heritage Minister Mélanie Joly on restoring a “modern Court Challenges Program.” The last version of this program was killed by the Harper government in 2006. It provided financial assistance to people and groups who had what looked like legitimate beefs with the government involving equality rights.

Program officials were independent and worked at arms’-length from the government. They looked for cases that raised important questions about rights and public policies so that the courts could render judgment and provide guidance on how the Charter should be interpreted in similar circumstances down the road.

Many of the earliest rights cases, including gender equality cases, might never have made it through the courts without the financial assistance of the Court Challenges Program. And we would all be the poorer for it. SOURCE


Jeff Sallot is one of Canada’s most experienced and respected political writers. A graduate of the Kent State University journalism school, he shared a Pulitzer Prize with colleagues at The Akron Beacon-Journal for his eyewitness coverage of the massacre of four Kent State students by the Ohio National Guard during an anti-war demonstration. He worked for The Globe and Mail for more than three decades, much of the time as a political journalist based in Ottawa. He started his career in political journalism at The Toronto Star when Pierre Trudeau was prime minister. He taught journalism at Carleton University for seven years until he retired in 2014.

First Nations see new hope in social assistance fight

Eskasoni Chief Leroy Denny said a new document has come to light that could help First Nations in their legal battle over social assistance rates.
Eskasoni Chief Leroy Denny said a new document has come to light that could help First Nations in their legal battle over social assistance rates.

By FRANCIS CAMPBELL TRURO BUREAU reposted from the chroncleherald, Dec 1, 2015

The federal government failed to produce a key document that would have been a game-changer in the First Nations’ social assistance case, says the Assembly of Nova Scotia Mi’kmaq Chiefs and their lawyer.

“It’s a really key document,” said Naiomi Metallic, a lawyer with Burchells LLP in Halifax who has represented the assembly in its court battles concerning social assistance cuts. “In my view, it changes the analysis completely.”

The federal department document, dated July 20, 1964, and filed as Circular 107, provides guidance to the regions in applying on-reserve assistance. It states that federal assistance was to be based on provincial rates and standards but that flexibility must be permitted in applying the provincial rules.

That’s exactly what the assembly and chiefs from New Brunswick and Prince Edward Island argued during their legal fight that began in 2011 when the Harper government signalled it planned to align native social assistance with rates for non-native recipients.

In 2013, the Maritime chiefs won a legal battle that blocked the government from implementing its assistance-cutting proposal.

That decision was later overturned by the Federal Court of Appeal, which found Ottawa did have the right to implement proposed cuts unilaterally and without studying impacts.

In October, the Supreme Court of Canada ruled it would not allow the assembly to appeal.

Changes to First Nations social assistance rates are expected to take effect in April, so Metallic has already started in motion arguments buoyed by the recently resuscitated Circular 107.

“I wrote to the lawyers involved from the other side,” she said. “I have instructions from my client to make this better, to fix it.”

Metallic said she can’t say if federal officials intentionally withheld Circular 107 or if it was an oversight. But she maintains the new Liberal regime, with its talk about commitment to partnership, co-operation and renewal in dealing with indigenous affairs, could turn things around.

“My reading of the rules is that parties can agree to reverse or set aside decisions that they are not happy with anymore,” Metallic said of the proposed native social assistance changes. Then it would have to go to a judge for approval. Failing such an agreement, Metallic said she’s prepared to take a legal fight back to the Federal Court of Appeal and on to the Supreme Court of Canada.

“They are going to have to chew on it and think on it,” she said of the federal lawyers. “I’ll give them a timeline of a couple of weeks. In the meantime, we’ll hope for the best and prepare for the worst.”

The Appeal Court decision to overturn the chiefs’ 2013 win was based on the premise that Ottawa required strict application of provincial social assistance rules and that the federal department had always followed that course.

Circular 107, confirms the opposite, Metallic said.

“Circular 107 appears to be fatal to the reasoning of the Federal Court of Appeal and the position taken by the government throughout the case,” she said. “It means flexibility and adaptation of provincial rules was the prevailing departmental policy and any break away from this, which the changes proposed under the Harper government clearly were, trigger legal duties on the part of the government, including the duty to meaningfully consult and study impacts before making drastic changes.”

Eskasoni Chief Leroy Denny, lead chief of the social portfolio for the assembly, said the government has to make this right.

“Collectively, the Maritime First Nations have spent a lot of time and money to bring this case to court when it’s now clear that Canada had options other than forcing our people into greater poverty,” Denny said in an assembly release. He had earlier said the cuts would include the removal of housing and utilities subsidies and the clawback of the National Child Benefit. SOURCE


 

President Correa calls for eco-crimes at opening of COP21

President Correa
Ecuadorean President Rafael Correa reiterated his call for an International Climate Justice Court during a speech at the University of Poitiers, France, Nov. 27. 2015. | Photo: Ecuadorean Presidency

Posted by Eradicating Ecocide, Dec 1, 2015

Monday-Opening of COP21-ParisEcuadorean president Rafael Correa called for the creation of an International Court of Environmental Justice to punish environmental crimes.

Tuesday The top 30 most vulnerable countries most adversely threatened by catastrophic climate change have announced what they want: 100% clean energy future for us all. Lead envoy for Nicuragua has refused to sign up to the ‘intended nationally determined contribution [what this is: a voluntary UN pact that all countries in a position to do so are asked to submit ‘intended nationally determined contributions‘ (INDCs) to international efforts to hold warming to 2C], as it amounts to business as usual.

Elsewhere Prince Charles also wants law to step in. Publically supporting investors taking polluting firms to court if and when states ignore their responsibilities and fail to take action, Prince Charles highlighted the deficiency of politics and the neccessity of the rule of law. Company directors are at risk of litigation in the event they mislead investors and the public about climate change and shall find themselves in court for having contributed to anthropogenic climate change.

150 of the world leaders have convened for the opening of the 21st year of climate negotiations but this time round a few voices now are begining to say “enough”. Where voluntary agreements or negotiations have proven to be ineffective and existing laws do not go far enough, sometimes new laws have to be created - ones that protect those at most risk of being displaced. SOURCE


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