This legislation is illegal…

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025-1071

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172688

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This legislation is illegal under international law.

Any legislation, regulation, or policy that restricts the implementation of infrastructure that can mitigate the climate crisis would be in violation of the jurisprudence of the International Court of Justice, the United Nation's world court, which has ruled that States have an obligation to protect the environment from greenhouse gas (GHG) emissions and act with due diligence and cooperation to fulfill this obligation.

The Court further ruled that if States breach these obligations, they incur legal responsibility and may be required to cease the wrongful conduct, offer guarantees of non-repetition and make full reparation depending on the circumstances. This means that legislation such as Bill 60 puts Ontario taxpayers at risk of paying reparations - not just to vulnerable populations and groups here in Ontario and Canada, but around the world, as the damaging effects of fossil-fuel driven climate chaos wreak havoc on Global South communities at a rate disproportional to their contribution to the crisis (e.g. Vanuatu).

Our existing obligations under binding treaties such as the Kyoto Protocol, the Paris Agreement, and other instruments of supranational law, such as the Universal Declaration of Human Rights.

Additionally, our obligations as given by the Truth and Reconciliation Commission and the United Nations Declaration of the Rights of Indigenous Peoples affirms that we are legally bound to uphold Indigenous rights to conservation and protection of the environment, which includes free, prior, and informed consent to any and all government actions that may impact the environment - this includes any and all legislation that will put more cars on the road, and limit the ability of communities to develop alternative forms of transportation, including bike lanes and pedestrian walkways. Indigenous peoples have a right to their say and to give or withhold consent on a bill like this one. Rushing through passing this legislation without proper consultation is a breach of TRC obligations and is offensive to those of us who have worked so hard to foster our Treaty relationships and bind ourselves to principles of natural justice.