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COMPLAINT FOR DECLARATORY AND INJUNCTIVE AND REMEDIATIVE RELIEF
INTERNATIONAL CRIMINAL COURT
Information and Evidence Unit
Office of the Prosecutor
Post Office Box 19519
2500 CM The Hague
Dr. Christian Robert Komor, Complainant In Vicem
The Her Majesties Government of Canada
The Prime Minister of Canada
The Canadian Department of National Defense
The Governor General of Canada
The Canadian Ambassador to the United Nations
COMPLAINT FOR DECLARATORY AND INJUNCTIVE AND REMEDIATIVE RELIEF
ACCUSATION OF CRIMES AGAINST HUMANITY BY THE NATION OF CANADA - PREMEDITATIED OMNICIDE BY RELEASE OF THE CHEMICAL TOXIN CARBON DIOXIDE
1. The Convention on the Prevention and Punishment of the Crime of Genocide was unanimously adopted by the United Nations General Assembly on 9 December 1948 as General Assembly Resolution 260. The convention was passed to outlaw actions similar to the Holocaust by Nazi Germany during World War II and entered into force on 12 January 1951. As of May 2019, 152 states have ratified or acceded to the treaty. Article 2 of the Convention defines genocide as “... any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such: (a) Killing members of the group; (b) Causing serious bodily or mental harm to members of the group; (c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; (d) Imposing measures intended to prevent births within the group;
2. Article 3 of the Convention defines the crimes that can be punished under the convention including: (a) Genocide; (b) Conspiracy to commit genocide; (d) Attempt to commit genocide; and (e) Complicity in genocide. Persons charged with genocide or any of the other acts enumerated in Article 3 can be tried by such international penal tribunal as may have jurisdiction with respect to those Contracting parties which shall have accepted its jurisdiction – including the International Criminal Court (ICC)
3. Omnicide, while not brought as a formal charge to date, has been contemplated by world bodies since the existence of nuclear weapons and other technologies which could end or virtually end human civilization. It is accepted as prima facie that Conventions applying to Genocide extend to omnicide which essentially would amount to multiple genocides. For the past 50 years the stated use of nuclear material and reasoning for its commercial development has been for energy. It remains, however, also a potential Weapon of Mass Destruction (WMD).
CARBON AS A WEAPON OF MASS DESTRUCTION
4. Over that same time carbon (CO2) has proliferated in the world with the same stated use as a component of energy, and with a known potential for use as a Weapon of Mass Destruction. Carbon has differed from nuclear material in that, while governments have been aware that its potential uncontrolled release would have omnicidal consequences (which could be accurately predicted by scientific methods), it has nonetheless been released into the biosphere in quantities capable of causing omnicide. Research, observations, and records have now clearly traced these emissions to businesses operating in the Canada, among other countries.
WILLFUL AND DELIBERATE PERPETRATION OF OMNICIDE BY CANADA
5. Canada has the world’s sixteenth highest per-capita income globally as well as the twelfth-highest ranking in the Human Development Index. Canada is part of several major international and intergovernmental institutions including the United Nations, NATO, the G7, the Group of Ten, the G20, the North American Free Trade Agreement, the Asia-Pacific Economic Cooperation forum and the International Criminal Court. Its economy is the tenth largest in the world, relying chiefly upon its abundant natural resources and especially coal and fossil fuel products.
6. Canada is one of the few developed nations that are net exporters of energy products and possesses vast offshore deposits of natural gas. The Athabasca Oil Sands and other assets give Canada a thirteen percent share of global oil reserves, comprising the world's third-largest share after Venezuela and Saudi Arabia. Due to these industries, and a large and active military (militaries being unusually intense emitters of carbon into the atmosphere, for many decades Canada has been one of the world largest emitters of carbon. The Canadian government has also had demonstrable knowledge of the omnicidal natural of carbon release as Weapon of Mass Destruction, yet continues to increase it’s campaign to release this WMD on the Earth’s population.
REMEDIATION IS AVAILABLE TO CANADA BUT NOT DEPLOYED
7. Once a massive crime such as genocide, or omnicide has occurred, deliberative bodies are normally restricted to injunctive measures, imprisonment and, monetary reparations. In the case of omnicide with the WMD Carbon, both injunctive and remediative measures are possible. That is, the offending nation can be required to both ceases and desist the hostile conduct and also (as has been the case with land mines and biological weapons) to clean up, or remove the dangerous material in question.
8. Often countries manufacturing WMD also have an interest in developing and stockpiling remediative measures for the protection of its own troops and citizens. In the case of the WMD Carbon, Canada is a world leader in the development of highly efficient methodology for removing carbon emissions directly from the atmosphere. Canada has indeed funded development of the world’s leading Direct Air Carbon Capture (DACC) technology through the British Columbia Innovative Clean Energy Fund, Sustainable Development Technologies Canada (contract number 13A-2368), the Industrial Research Assistantship Program (Department of Energy under Award Number DE-FE0026861). One Canadian company, Carbon Engineering (CE) has been developing an aqueous DACC system since 2009 having field tested a 1 t-CO2/day pilot plant operated since 2015. All major components of this WMD removal technology are well-established in commercial heritage and the remediative process has been demonstrated as cost-effective in terms of energy, materials balances, and commercial engineering costs (When CO2 is delivered at 15 MPa, the design requires either 8.81 GJ of natural gas, or 5.25 GJ of gas and 366 kWhr of electricity, per ton of CO2 captured. Levelized cost per t-CO2 from atmosphere ranges from 94 to 232 $/t-CO2.) While prepared for deployment the system has not been deployed to remediate the omnicidal WMD use perpetrated by the Canadian government.
JURISDICTION AND URGENT NEED FOR INTERVENTION BY THE COURT
9. The International Criminal Court has clear jurisdiction over this matter pursuant to the Convention of Rome. Canada is a signatory and has submitted itself to abide by rulings of the International Criminal Court.
10. There is now ample scientific evidence that if active removal of the massive amounts of the Weapon of Mass Destruction Carbon Dioxide perpetrated by the Defendant Country – is not forthcoming in the next few years the window of opportunity for reparations will close forever. Specifically, geologic records demonstrate that once toxic levels of Carbon in the Earth’s atmosphere reach approximately 415 parts per million (on current trajectory predicted to occur in the mid-2030’s).
11. Since at least the 1970’s several world governments including the Canadian government have been aware that the accumulation of legacy greenhouse gases has been too large for Earth’s rehabilitative systems to process in a timeframe needed to avert this shift to a extinction-level new normal. That even if we were to halt all GHG emissions immediately, our warming trajectory would still push our planetary ecology beyond the Anthropocene Catastrophic Extinction Boundary in the mid-2030s. Indicators of this shift to a “new normal” are numerous and already occurring including:
• The slowing and redirection of ocean currents which distribute heat around the planet.
• The melting of ice and permafrost at both poles.
• The release of vast stores of methane from beneath melting permafrost and ice.
• Vastly worsening insect borne disease vectors and increasing prevalence and intensity of viral and other diseases.
• Reduced or destroyed animal species and habitats.
• Emergence of new soil microbes which have begun to release increasing amounts of stored carbon from the ground.
• A fatal breech between plants and pollinators.
• Altered weather patterns leading to loss of life and costly infrastructure damage.
12. In addition to the Anthropocene Catastrophic Extinction Boundary, due to the interconnectedness of our natural world, the changes affected by Global Warming are shifting from a linear progression to exponentially expanding feedback loops. For example: Unable to escape Earth’s greenhouse-gas-saturated atmosphere, radiative heat is warming our oceans leading to the melting of precious polar ice and permafrost causing the release of massive stores of methane leading to ocean current disruption and acidification causing altered weather patterns leading to enduring droughts triggering wildfires (and flooding) leading to crop failures triggering the birth of novel carbon-releasing soil microbes causing the release of further massive carbon stores from soil leading to mass human and animal migrations which in turn overwhelm the ability of governments to respond causing social unrest, territorial wars, aberrant human behavior and on and on.
13. While scientists do not fully understand these feedback loops, we know they are increasingly foreshortening the time available to resolve this Climate Emergency. This is probably why scientists have consistently underestimated the magnitude and speed of global warming induced climate disruption. As nature cannot be viewed as isolated parts, linear projections of the progression of Climate Change are and will be inaccurate.
14. It is now understood that elements of the Earth’s environmental systems, each being individually altered by planetary warming, will begin to interact with one another causing a much more rapid escalation in the Earth’s ecological balance. Observational data from NASA, NOAA and other monitoring agencies already show major changes such as ocean currents slowing and altering, methane stores being released from beneath disappearing polar ice, disease vectors altering and exposing populations without the generations necessary to adapt and build immunity, land and ocean species die-off accelerating much more rapidly than anticipated, weather patterns becoming more destructive costing hundreds of billions of dollars in cleanup and mitigation efforts, mass poleward migrations happening across the globe creating intense pressure of immigration systems and social upheaval, novel carbon-releasing microbes emerging in the soil (Earth’s largest repository of carbon), and a widening breach between plants and pollinators.
15. Geologists report fossil and other evidence that these same changes in Earths ecological systems preceded, and probably initiated, prior massive shifts in planetary conditions leading to mass extinction of land, air and aquatic species. When the changes noted in paragraph 40 reach a “tipping level” it will become impossible to reverse the course of planetary change. In other words, a climate deadline will have been reached. Historical records indicate this climate deadline occurs at approximately 450 ppm atmospheric carbon saturation which is now projected to occur prior to the mid-2030’s. These are actual geologic records correlated with known earth behavior, not computer simulations. We know for a certainty that, in the past, at 450 ppm atmospheric carbon is correlated with massive and irreversible extinction events. This, then is the deadline beyond which no reparation on the part of the Canadian government will be feasible making this matter of the highest urgency.
16. In recent years, the human population has experienced an unnaturally rapid increase in events linked to the disruption of the Earth’s atmospheric envelope. These catastrophic events include the destruction of homes and businesses; the displacement of millions of citizens; damage to infrastructure leading to an unsustainable drain on world resources; the disruption of animal, insect, and aquatic ecosystems necessary for human survival; increased physical and mental disease and disorder; and the tragic loss of human life, among other harms.
17. Emissions reductions will therefore not be a sufficient remedy to this international crime, and Canada must be required to deploy its existing (DACC) technology for remediation of the current and potential omnicidal loss of life.
COMPLAINANT IN VICEM
18. In the past Complaints such as the present one have been filed by nation-states, but members in good standing of nation-states are not specifically precluded from acting to petition the International Criminal Court. Once aware of a potential crime within its jurisdiction the ICC may, at its discretion, take up this investigation and prosecute if it deems necessary. It seems of small consequence how such an important and urgent matter is brought before the Court. In this criminal proceeding the responsibility now falls to the Office of the Prosecutor to investigate and determine charges if any.
19. Like all persons under the protection of the International Criminal Court, the Complainant In Vicem has a substantial, direct, and immediate interest in protecting the Earth’s life-sustaining atmosphere which is currently under direct and willful attack by the government of Canada which is using the chemical carbon as a de facto Weapon of Mass Destruction. A livable future includes the opportunity to drink clean water, grow food, be free from direct and imminent property damage caused by extreme weather events, benefit from the use of property, and enjoy the abundant and rich biodiversity of our nation. Along with all persons under the protection of the ICC, Complainant In Vicem is suffering grave and immediate danger and threatened injuries and death as a result of actions and omissions by the Canadian Government and will continue to suffer life-threatening and irreversible injuries without the relief sought. Absent immediate, meaningful action by the this Court to enforce the cessation of omnicidal actions by the Canadian government and cease their permitting, authorizing, subsidizing, and supporting fossil-fuel exploitation, production, and consumption, to act to phase out CO2 emissions, and to actively remediate the atmospheric damage caused to date the Climate Emergency declared by the United Nations will continue to escalate. Urgent action by the International Criminal Court is essential before the Canadian government can complete its omnicidal aggressions as atmospheric carbon saturation reaches 450 ppm.
REDUCTION OF WMD CARBON EMISSIONS FALLS SHORT
20. In the Second World War it would not have been sufficient for the Deutsches Reich to propose gradual reductions in the number of persons of Jewish genetic heritage murdered. This would be especially true if those reductions were projected to extend beyond a point at which extinction of the Jewish population would be expected to occur. Future emissions reductions promised by Canada will be gravely insufficient to avoid an ecological point no return leading to omnicide. Canada cannot be permitted to continue emissions production beyond the point where a synergistic and exponential, escalation of climate-related ecological effects will place relief or remediation out of reach of human technology and ability.
THE CANADIAN GOVERNMENT’S CRIMINAL INTENT EVIDENT THROUGH DOCUMENTED FOREKNOWLEDGE OF CONSEQUENCES ATMOSPHERIC CARBON SATURATION
21. The Complainant In Vicem contends that Canada and its organs and agents have willfully ignored its own findings and scientific consensus regarding the known effects of releasing large amounts of greenhouse gases (GHG), in particular carbon (CO2) emissions, into the atmosphere. The Complainant In Vicem contends that Canada has, in their negligence in fact promulgated legislation, regulation, procedure, and policy leading to an increase in dangerous GHG while simultaneously rolling back existing regulations and practices directed at addressing and minimizing anthropogenic climate change and thus have infringed upon and endangered the constitutional rights of the citizenry to liberty, property, and life. These procedural actions violate the international law which enjoins member states from engaging in laws, treaties, regulations, or other actions leading to omnicide and thereby deprive citizens of their right to liberty, property, and life.
22. The Canadian government has ignored accepted facts, research data, and reliable principles and methods arising out of scientific, technical, and specialized knowledge about global warming. In doing so, the Canadian government have acted with reckless and deliberate indifference to the established clear and present dangers of climate change, knowingly increasing its scope and impact and resulting in damages, death, and destruction. In spite of warnings from their own scientific community, the government has refused to establish regulations and remedial actions to reduce emissions contributing to the unnaturally rapid warming of and other anthropocidal changes in the protective planetary atmosphere and ecology of our country, thereby deliberately and willfully in rem endangering the welfare and constitutional rights of Canada citizens.
23. For many decades, the Canadian Government (USG) has been aware of the lethal consequences of releasing carbon into the atmosphere and thereby causing warming of the planet yet continued to pursue actions exacerbating these dangers. The Canada government has, in fact, developed research and planning designed to reduce significantly CO2 emissions, stop global warming, and stabilize the climate system and investee in systems (specifically Direct Air Carbon Capture) to remediate the situaiton. This is a clear demonstration that officials at the highest levels have been and are aware of the omnicidal danger posed by carbon release. Yet, with knowledge of forethought and despite the imminent climate-change dangers identified in the Canadian Government, the country continues to release increasing amounts of carbon into the atmosphere each year.
24. Since 1965, numerous other studies and reports have informed the Canadian government of the significant harms that would be caused if the Canadian government did not reduce reliance on carbon-intense energy from fossil fuels and rapidly transition to carbon-free energy. These studies and reports concluded that continued fossil-fuel dependency would drive the atmospheric concentration of CO2 to dangerous levels that would destabilize the climate system.
25. Since the early 1990s, the Canadian Government has known (a) that GHG, and particularly CO2 levels in the atmosphere, must be stabilized at or below 350 parts per million (ppm) in order for the survival of human beings to continue. Thirty years later, today’s best science confirms that 350 ppm is the maximum safe level of atmospheric CO2 that will permit restoration of a stable climate system and 450 ppm is the level at which omnicidal results will be unavoidable. The Canadian government has for decades ignored the very experts they commissioned to evaluate the danger, as well as the Canadian government’ own plans for stopping dangerous climate-system destabilization. Specifically, the Canadian government have known of the unusually high risks of harm to human life, liberty, and property that would be caused by continued fossil-fuel burning. Yet the Canadian government have willfully ignored this impending harm. By their exercise of sovereign authority over our country’s atmosphere and fossil-fuel resources, the Canadian government permitted, encouraged, and otherwise enabled the continued exploitation, production, and combustion of fossil fuels. By and through their aggregate actions and omissions, the Canadian government deliberately allowed atmospheric CO2 concentrations to escalate to levels unprecedented in human history, resulting in the dangerous destabilizing of the climate system for our nation and this Complainant In Vicem.
26. Yet rather than implement a humane and benevolent course of effective action to phase out carbon pollution, the Canadian government has and is continuing to permit, authorize, and subsidize a malevolent course of fossil-fuel extraction, development, consumption and exportation—activities producing enormous quantities of CO2 emissions that have substantially caused or contributed to the increase in the atmospheric concentration of CO2.
27. The present level of CO2 and its warming effect, both realized and latent, are already deep in the zone of danger causing hundreds of deaths daily, mass migrations, secondary armed conflicts, disruption of food sources, mass reductions in animal species and numbers, contamination of water supplies, an increase in weather-related disasters, and the development of new viral and bacteriologic strains which threaten pandemic events. The Canadian government has acted with deliberate indifference to the peril they knowingly created. As a result, the Canadian government have infringed on fundamental human rights to life, liberty, and property and still the Canadian government’ policies, plans, and practices permit, authorize, and subsidize fossil-fuel exploitation and consumption and thus press our climate system further toward irretrievable impacts. Only strong and decisive intervention by the International Criminal Court can prosecute, convict and mandate remediative measures such as Direct Air Carbon Capture.
28. This Court bears an immense responsibility as the last resort to ensure for humanities reasonable safety, and that of our Posterity, from the harm perpetrated by the Canadian government. An extremely limited amount of time remains to preserve a habitable climate system.
CARBON HAS BEEN WEAPONIZED AND GIVEN STATUS AS AN INTEGRAL PART OF CANADIAN MILITARY OPERATIONS
29. The Canadian Department of National Defense (DND) has one of the largest carbon footprints of any enterprise on the planet. The DND is the single greatest manufacturer and disseminator of tools and toxins like Agent Orange and nuclear waste that are inherently destructive to ecosystems. Over fifty percent of environmental disasters in Canada have been caused by the Department of National Defense which is a primary polluter of Canadian waterways. The DND uses more petroleum per day than the aggregate consumption of 175 countries (out of 210 in the world), and generates a massive percent of Canada’s total greenhouse gas emissions, based on rankings in the CIA World Factbook. The Canadian DND burns through over 2 billion gallons of jet fuel a year, all of it derived from oil. That figure doesn’t include fuel used by coalition forces, military contractors, or the massive amount of fossil fuels burned in weapons manufacturing. To put the figures into perspective, Canadian military personnel on active service make up around 0.0002% of the world’s population, but are part of a military system which generates around 5% of the world’s greenhouse gas emissions.
30. Even withstanding effects on planetary systems, carbon emissions in sufficient concentration are lethal and can be classified as and meeting all criteria for a biological Weapon of Mass Destruction, can and have been used as biological weapons, and in sufficient concentrations 450 ppm can turn our entire planetary atmosphere into a biological weapon of mass destruction resulting in Omnicide against massive numbers of Complainant In Vicem most of them non-combatants. As emitters of carbon, including the worlds larger militaries, have been aware for many decades of the lethality of carbon to the human populace there is clear intent to cause harm to the extent of Omnicide. A special chapter of World War II history is the use of carbon monoxide and hydrogen cyanide (Zyklon B) for the extermination of Jewish people and other nations in concentration camps or possibly chemical-toxicological experiments on humans. As early as World War I, the German army elaborated the concept of “mask crushers” based on the use of solid organic compounds of arsenic (diphenylchloroarsane, diphenylcyanoarsane, later adamsite) exerting irritating effects on the airways. Even negligible concentrations of these substances in an aerosol easily penetrated through protecting charcoal filters and forced soldiers to remove protective masks, thus facilitating the effects of the concomitantly used lethal species of the CWA. Because of this, new filters with a special anti-smoke insert have been introduced. Further military research was focused on overcoming the protective filters by using volatile substances with lethal effects. The “mask crushers” can also be considered to include simple toxic gases, such as carbon monoxide, arsane, phosphane or cyanogen chloride. Still, the best solution for protection from the effects of the inhalation of “mask crushers” is the use of isolation devices.
WITH FULL KNOWLEDGE OF THE CATASTROPHIC DANGER TO ALL HUMAN LIFE THE CANADIAN GOVERNMENT CONTINUED TO PRODUCE AND STOCKPILE AND RELEASE AGAINST THE PUBLIC TOXIC CARBON
31. Canada’s greenhouse gas emissions were 849m tons of CO2 equivalent (MtCO2e) in 2015, according to data compiled by the Potsdam Institute for Climate Impact Research (PIK). This figure includes emissions from land use, land-use change and forestry (LULUCF). This means Canada accounted for roughly 1.7% of global emissions that year and was the 10th highest emitting country – ahead of Mexico and just behind Germany. This is roughly twice the total emissions of the UK.
32. However, Canada’s per capita emissions exceed several of the other top emitters. In 2015 they were 23.8tCO2e, around the same as Australia and the US, but far higher than the UK or the EU average, which stood at 7.8 and 8.1tCO2e, respectively.
33. Transportation and production emissions from the oil and gas sector are the two largest sources of greenhouse gases in Canada, together accounting for roughly half of the country’s emissions.
34. Canada has had a relationship with international climate politics. Former Conservative prime minister Stephen Harper was highly critical of the Kyoto protocol – the international treaty that committed developed states to cutting greenhouse gas emissions in 1992.
35. Canada is the world’s 10th largest emitter of greenhouse gases. While it has an extensive network of hydroelectric dams and nuclear plants providing the majority of its power, it has been slow to adopt other forms of low-carbon energy and cut its transport emissions.
36. In fact, successive Canadian governments have consistently failed to meet the nation’s climate targets, despite their country warming up at twice the rate of the rest of the world.
37. The exploitation of Alberta’s oil sands fields has proved highly contentious among environmental and Indigenous groups, as has government support for pipelines to transport their products across the nation. Oil and gas production is Canada’s largest emitting sector.
38. Emissions continue to rise. Canada’s carbon dioxide emissions from fossil fuel and cement production reached about 568 million metric tons in 2018, compared to 494 million metric tons in 1995. A large percentage of global greenhouse gas emissions (GHG) are derived from the production and consumption of energy. In Canada, energy-related emissions account for an even higher share of total emissions due to extreme temperatures, large land area, and dispersed populations. In terms of electricity, increased generation from renewable sources has also helped to decrease energy-related emissions, however, fossil fuels still constitute the majority of Canada’s primary energy supply.
THE CANADIAN GOVERNMENT HAS KNOWN FOR DECADES THAT CARBON DIOXIDE POLLUTION WAS CAUSING CATASTROPHIC CLIMATE CHANGE AND KILLING INNOCENT CIVILIANS
39. As early as 1899, scientists understood that CO2 concentrations in the atmosphere cause heat retention on Earth and that a doubling or tripling of the CO2 content in 1899 would significantly elevate Earth’s surface temperature. Scientists also understood that CO2 was the determinative factor for global heating. By the turn of the 20th Century, it was widely accepted in the scientific community that increasing the atmospheric concentration of CO2 could cause global climate change.
40. By 1965 it has been reported in the scientific literature available to the Canadian government that anthropogenic pollutants, including CO2, impair our nation’s economy and its quality of life. In the 1965 report of US President Lyndon Johnson’s scientific advisors, “Restoring the Quality of Our Environment,” the United States confirmed that anthropogenic pollutants, including CO2, threaten “the health, longevity, livelihood, recreation, cleanliness and happiness of citizens who have no direct stake in their production, but cannot escape their influence.”
41. For 50 years, governments of North America have known that pollutants have altered on a global scale the CO2 content of the air through the burning of coal, oil and natural gas predicting that CO2 “will modify the heat balance of the atmosphere to such an extent that marked changes in climate, not controllable though local or even national efforts, could occur.” The Canadian government itself warned that “carbon dioxide gases are accumulating in such large quantities that they may eventually produce marked climatic change.”
42. Fifty years ago, it was common knowledge among Canadian officials that the marked climatic changes from CO2 pollution would include the melting of the Antarctic icecap, rising sea levels, warming oceans, acidifying waters, and additional releasing of CO2 and methane due to these events. Recommendations were generated for reducing the heating of the Earth because of the extraordinary economic and human importance of our climate system.
43. Fifty years ago tax strategies were discussed for tax polluters, including air pollution, “in proportion to their contribution to pollution” to incentivize pollution reduction.
44. In 1969, Patrick Moynihan, then Advisor to President Nixon, wrote a letter shared with the Canadian government stating that CO2 pollution resulting from burning fossil fuels was a problem perhaps on the scale of “apocalyptic change,” threatening the loss of cities like New York and Washington D.C. from sea level rise. The 1969 Moynihan letter urged the federal government to immediately address this threat. In 1978, Congress passed the National Climate Program Act “to establish a national climate program that will assist the Nation and the world to understand and respond to natural and man-induced climate processes and their implications.” 15 CANADAC. § 2901(3).
45. On June 23, 1988, Dr. James Hansen, then Director of NASA’s Institute for Space Studies and a leading climate scientist in the federal government, testified before Congress that carbon pollution in the atmosphere was causing global warming and that impacts were already being observed. Around the time of Dr. Hansen’s testimony, the US Congress directed its own offices and the US Environmental Protection Agency to separately prepare reports on how to stabilize the global climate system and transition away from the use of fossil fuels. In response, in December 1990, EPA submitted a report to Congress on “Policy Options for Stabilizing Global Climate.” The EPA’s 1990 Report concluded: “responses to the greenhouse problem that are undertaken now will be felt for decades in the future, and lack of action now will similarly bequeath climate change to future generations.” Again, the Canadian government was privy to this information and the research on which it was based.
46. The American Environmental Protection Agency’s 1990 report called for a 50% reduction in total CANADA CO2 emissions below 1990 levels by 2025. EPA explained that such reductions were the only pathway to achieve Congress’ goal of stopping global warming and stabilizing the climate system. The EPA’s 1990 Report also called for stabilizing atmospheric CO2 concentrations at 350 ppm, the current level of that time, a response to the congressional objective that total global warming not exceed 1.5° C above the preindustrial level. In its 1990 Report, EPA confirmed the Executive Branch’s findings from 1965 that CO2 was a “dangerous” pollutant.
47. In 1991, promptly following American EPA’s 1990 Report the Office of Technology Assessment (OTA) issued a report “Changing by Degrees: Steps to Reduce Greenhouse Gases.” Finding the Canada was one of the world’s largest contributor to carbon pollution, the OTA’s 1991 Report developed “an energy conservation, energy-supply, and forest-management package that can achieve a 20- to 35-percent emissions reduction” through a mix of regulatory and market-based federal policies, in order to prevent global warming and climate change. OTA reported that, if its “package” was implemented, could lower CO2 emissions 35% from 1987 levels by 2015. OTA determined that the 35% necessary reduction in CO2 emissions was only the beginning and further efforts in the 21st century would be required to stabilize the climate system.
48. The OTA’s 1991 Report stated that major reductions of CO2 would require significant new initiatives by governments and must be sustained over decades, even before all the scientific certainties are resolved: “[I]t is clear that the decision to limit emissions cannot await the time when the full impacts are evident. The lag time between emission of the gases and their full impact is on the order of decades to centuries; so too is the time needed to reverse any effects.” The OTA’s 1991
49. The recommendations in the EPA’s 1990 Report (Policy Options for Stabilizing Global Climate”) and the OTA’s 1991 Report (“Changing by Degrees: Steps to Reduce Greenhouse Gases”) were never implemented anywhere in North America. Canadian fossil-fuel production, consumption, and combustion all continued to accelerate at dangerous speeds during the ensuing decades culminating in our current declared Climate Emergency.
50. During the last decade, the Canadian government has repeatedly stated that allowing “business as usual” CO2 emissions will imperil future generations with dangerous and unacceptable economic, social, and environmental risks. As the Canadian government have acknowledged, the use of fossil fuels is a major source of these emissions, placing Canada on an increasingly costly, insecure, and environmentally dangerous path.
DESPITE THE KNOWN DANGER, THE CANADIAN GOVERNMENT CAUSED CLIMATE INSTABILITY AND ALLOWED FOSSIL-FUEL EXTRACTION, PRODUCTION, CONSUMPTION, TRANSPORTATION, AND EXPORTATION AND ASSOCIATED EMISSIONS TO INCREASE DANGEROUSLY.
51. Instead of pursuing their own plans to slash emissions and reduce the risk of dangerous climate change, the Canadian government knowingly acted to exacerbate that risk and impose harm on the civilian population. Total fossil-fuel production in the Canada has climbed to tens of quadrillion Btu. above 1965 levels. In 2011, fossil-fuel combustion in the Canada accounted for the bulk of CO2 emissions. The above emissions figures are from Canadian government sources and underreport the amount of emissions that the Canadian government’ actions have substantially caused. In 2014, according to the Canada Energy Information Administration (EIA), the Canada continues to be one of the largest producer of total petroleum and other liquids.
52. Canada continues to work toward being the dominant producer of both shale gas and tight oil in the world. Also, the Canada is one of four countries in the world that is producing commercial volumes of either natural gas from shale formations (shale gas) or crude oil from shale formations (tight oil).
53. The aggregate actions by the Canadian government in allowing fossil-fuel production, consumption, and emissions to increase in the Canada since 1965 ignored science-driven considerations of climate-system protection. These aggregate actions were taken with deliberate indifference to the need for a national carbon budget or a national plan that includes an analysis of the cumulative impacts of the Canadian government’ actions upon the climate system and with respect to the fundamental rights of the present and future generations.
THE CANADIAN GOVERNMENT HAS ALLOWED EXCESSIVE FOSSIL-FUEL PRODUCTION ON FEDERAL PUBLIC LANDS
54. In the past decade nearly 25% of all fossil fuels extracted in the Canada originated on federal public lands authorizing millions of tons of coal from federally leased lands.
55. In the past decade Canada authorized approximately thousands of new oil and gas leases on public lands. There are currently millions of acres of federal land under lease for potential fossil-fuel development in Canadian provinces.
THE CANADIAN GOVERNMENT HAS SUBSIDIZED THE FOSSIL-FUEL INDUSTRY
56. In addition to leasing federal public lands for fossil-fuel exploitation, the Canada subsidizes, funds, and subsidizes fossil-fuel production and consumption.
THE CANADIAN GOVERNMENT RECKLESSLY ALLOWS INTERSTATE AND INTERNATIONAL TRANSPORT OF CARBON
57. Despite knowledge of the harm caused by the CO2 emissions from fossil fuels, the Canadian government recklessly authorize and/or permit the exportation and importation of fossil fuels and/or the facilities allowing the exports and imports of fossil fuels.
THE CANADIAN GOVERNMENT HAS RECKLESSLY ALLOWED DANGEROUS LEVELS OF CO2 POLLUTION TO BUILD UP FROM THE COMBUSTION OF FOSSIL FUELS
58. Either directly or through the control of the federal government, the Canadian government authorize the combustion of all fossil fuels in Canada, including coal, oil, and gas. Such combustion occurs primarily in the energy and refineries sector, the transportation sector, and the manufacturing sector.
59. It is now broadly accepted that anthropogenic climate change presents a serious threat to the health, prosperity, and stability of human communities, and to the stability and existence of non-human species and ecosystems. The international legal framework established in 1992 to prevent dangerous anthropogenic interference with the climate system has focused attention on the role of nation-states and has led to commitments by many nation-states (particularly the Annex I or highly developed nations) to cut their greenhouse gas (GHG) emissions.
60. Quantitative analysis has been conducted of the historic fossil-fuel and cement-production records of the leading investor-owned, province-owned, producers of oil, natural gas, coal, and cement from as early as 1854 to 2010. This analysis traces emissions totaling 914 GtCO2e—63% of cumulative worldwide emissions of industrial CO2 and methane between 1751 and 2010—to the 90 “carbon major” entities based on the carbon content of marketed hydrocarbon fuels (subtracting for non-energy uses), process CO2 from cement manufacture, CO2 from flaring, venting, and own fuel use, and fugitive or vented methane. Cumulatively, emissions of 315 GtCO2e have been traced to investor-owned entities, 288 GtCO2e to state-owned enterprises, and 312 GtCO2e to nation-states. Of these emissions, half have been emitted since 1986 during the period in which the Canada government was fully aware of the dangers posed by GHG generated global warming.
THE WINDOW FOR CORRECTING CLIMATE DISRUPTION DUE TO GREENHOUSE GAS EMISSIONS PERMITTED BY THE CANADIAN GOVERNMENT IS CLOSING EVEN AS THE COST IN HUMAN LIFE AND NATIONAL FISCAL EXPENSE IS INCREASING
61. Canada is fortunate in that it has an abundance of natural resources. While the country has been impacted by flooding, mudslides, wildfires and other natural disasters this has been far less than for other countries affected by Canada’s carbon emissions.
62. Greenhouse gases in the atmosphere act like a blanket over the earth, trapping energy received from the sun. Well-documented and observable impacts from the changes in Earth’s climate system highlight that the current level of atmospheric CO2 concentration has already taken our nation into a danger zone. Increased CO2 emissions are already resulting not only in the warming of land surfaces, but also in the warming of oceans, increasing atmospheric moisture levels, rising global sea levels, and changing rainfall and atmospheric air circulation patterns that affect water and heat distribution. One key observable change is the rapid increase in recorded surface temperatures. As a result of increased atmospheric CO2 from human activities, our nation has been warming as scientists predicted as early as 1965. The increased concentrations of greenhouse gases in our atmosphere have raised global surface temperature by approximately 0.9°C. In the last 30 years, earth has been warming at a rate three times faster than that over the previous one hundred years. Each progressive year is declared “the hottest year on record”, according to the National Aeronautics and Space Administration (NASA).
63. Research at the Department of Earth and Environmental Sciences and Museum of Paleontology, University of Michigan, Ann Arbor has found that humans are pumping nearly 10 times more carbon dioxide into the atmosphere than what was emitted during Earth's last major warming event, called the Paleocene-Eocene Thermal Maximum (PETM). In 2013, the atmospheric CO2 concentration exceeded 400 ppm for the first time in recorded history. The pre-industrial concentration was 280 ppm. March 2015 was the first month in which the monthly global average concentration of CO2 was 400 ppm for an entire month, reaching levels that have not been seen for about three million years. CO2 concentrations have risen more than 120 ppm since pre-industrial times, with half of that rise occurring since 1980
64. In 2017, unnaturally rising ocean temperatures and vastly increased amounts of water in the airstream overhead helped to spawn Hurricane Harvey. (Hurricanes now last over 60% longer and have peak winds 50% greater than only a generation earlier.) The devastating super-storm left Houston and 50 counties around it submerged and battered. More than 30,000 people fled to shelters, 21.5% of oil production and 23.2% of natural gas production has shut down, and there remains estimated $180 billion dollars in damage. Hurricane Irma—the most powerful Atlantic Ocean hurricane ever recorded, with wind speeds over 185 miles per hour—evacuated 5.6 million people from Florida, left millions without power, and destroyed hundreds homes. In the Canada, all of the Virgin Islands and Puerto Rico remained without power for months, and, in many areas, also without drinking water—including all of the hospitals on Puerto Rico.
65. Worldwide, the United Nations is currently reporting that 65.9 million people are forcibly displaced as a result of “climate-related disasters”—not including those persons even now being forced to relocate in high latitudes as a result of ice-sheet melting.
66. Recent scientific reports warn of the disintegration of both the West Antarctic ice sheet and the East Antarctic ice sheet, causing multi-meter sea-level rise. NOAA reports that this year’s Arctic ice “shows no sign of returning to a reliably frozen state.” Such a shift will devastate coastal regions, including much of the Eastern Seaboard. Millions of Americans and trillions of dollars in property damage will result. On the current trajectory, 50% of the world’s population in coastal areas are expected to experience major flooding by the year 2070. In addition to the lives lost, the economic impact would be devastating. For example, New York City, with real estate valued at $120 billion, currently lies in the flood zone. In 2012, Hurricane Sandy caused billions of dollars in damage, including flooding the 9/11 Memorial with seven feet of water. Tomas Regalado, mayor of the City of Miami, stated in 2016, “Anyone who thinks that the topic of climate change is a partisan issue is not focused on the reality which we as public officials and citizens are dealing with. This is a crisis that grows day by day.”
67. The fire season in Western Canada is already 150 days longer than it was 50 years ago. Increased wildfires, shifting precipitation patterns, higher temperatures, and drought conditions also threaten forest industries and private property. In a government-funded study scientists estimated that, by 2050, wildfire activity is expected to double in the Southwest, Pacific Northwest, Rocky Mountains Forest, and the Eastern Rockies/Great Plains regions. In western Canada, increases in temperature are projected to cause an increase of 54% in annual mean area burned by 2050 relative to the present day. Changes in area burned are ecosystem dependent, with the forests of the pacific northwest and western mountains experiencing the greatest increases of 78% and 175%, respectively. Increased area burned results in near doubling of wildfire carbonaceous aerosol emissions by midcentury.
68. Heat waves are 150 times more frequent than in pre-industrial times and often reach levels over 120 degrees Fahrenheit. If business continues as usual, heat waves will increase in frequency, severity, and duration. For example, by the end of this century, if the Canadian government does not dramatically reduce emissions, the number of heat-wave days is projected to double.
69. Mud slides have increased by 400% since the 1950s.
70. So-called "atmospheric rivers" have caused seven “thousand-year flood events” in the past seven years.
71. Arctic sea ice is declining precipitously and is expected to disappear completely in the coming decades. In 2013, Arctic sea ice extent for September was 700,000 square miles below the 1981–2010 average for the same period. In 2014, the Arctic sea ice extent for September was 463,000 square miles below average. In 2015, the maximum extent of the Arctic sea ice was the lowest in the satellite record. We cannot wait until century’s end, because the predicted tipping point of the “big splash," or the final collapse of these three polar ice sheets, will be in the 2030s. With less sea ice, less solar radiation is reflected back to space, a positive feedback loop serving to amplify regional and global warming.
72. Fifty percent of the world’s population in coastal areas are expected to experience major flooding by the year 2070. In addition to the lives lost, the economic impact, as mentioned above in item 117, would be devastating. Our country’s sea levels have also risen from glacial and ice cap melting, as well as from the thermal expansion of the ocean itself. Based on measurements taken from 1993 to 2010, sea levels have been rising at an average rate of 3.2 millimeters per year. Though sea levels rose about 170.18 millimeters (0.2 meters) over the last century, within the last decade, the rate of sea-level rise has nearly doubled. Rising seas have caused and will cause flooding in coastal and low-lying areas. The combination of rising sea levels and more severe storms creates conditions conducive to severe storm surges during high tides. In coastal communities, these surges can overwhelm levees and sea walls, as witnessed during Hurricane Katrina, Hurricane Sandy, and other major storms. Today, rising sea levels are submerging low-lying lands, eroding beaches, converting wetlands to open water, exacerbating coastal flooding, and increasing the salinity of estuaries and freshwater aquifers. Between 1996 and 2011, twenty square miles of land were inundated by rising sea levels along the Atlantic coast. Coastal areas.
73. Air pollution now kills 6.5 million people yearly. By 2040, some allergens will have increased by 200%, with grams of pollen increasing from 8,455 grains per cubic meter to 21,735 grains per cubic meter. By 2050, climate change is expected to add thousands of additional premature deaths per year nationally from combined ozone and particle health effects. Higher surface temperatures, especially in urban areas, promote the formation of ground–level ozone, which has adverse impacts on human health by irritating the respiratory system, reducing lung function, aggravating asthma, and inflaming and damaging cells that line the airways. Climate change is expected to increase the frequency of high-ozone pollution events by 50% to 100% by 2050.
74. In 2015, the Lancet Commission on Health and Climate Change stated, “Climate change is a medical emergency.” Natural ecosystems are being disrupted in ways that make it easier for infectious disease to develop and spread. Even slight increases in temperature can lead to dramatic increases in microbes. Increasing temperatures and precipitation factors enable disease carrying insects such as mosquitoes to expand their range, reproduce more often, and increase their metabolism so they feed more frequently.
75. Extreme heat events now cause more deaths annually in the Canada than all other extreme weather events combined. Most at risk are the elderly and disabled, as well as infants and children.
76. During the 21st century, we are projected to lose half of all land-based species. Animals who can relocate to cooler temperatures are moving an average of 15 feet per day toward the poles, but many are unable to move. Bees and other pollinators are moving upward in elevation, while the plants they pollinate will take decades or centuries to accomplish the same migration.
77. Each day, millions of tons of CO₂ are dissolved in seawater, reacting to form carbonic acid (H2CO3). This reaction lowers the pH of the ocean, which is indicative of its rising acidity. It is projected that excess CO₂ will reduce surface ocean pH by 0.3-0.5 units over the next century, which would be the largest change in pH to occur in the last 20-200 million years. The subsequent rise in acidity will trigger massive extinction of marine life, leading to inland extinction. To date, the world's oceans have become 30% more acidic than before we first started burning fossil fuels. By 2050, more than 90% of the Earth’s ecologically critical coral, where many fish species are born and raised, will be completely lifeless. Other life in the ocean will be increasingly threatened.
78. Similarly, climate change is already causing, and will continue to result in, more frequent, extreme, and costly weather events, such as floods and hurricanes. The annual number of major tropical storms and hurricanes has increased over the past 100 years in North America, coinciding with increasing temperatures in the Atlantic sea surface. Across the world, nine of the top ten years for extreme one-day precipitation events have occurred since 1990. Flooding along the Missouri river in early 2019 initiated preparations to shut down power plants, including the Cooper Nuclear Plant, forced 1,200 people to evacuate. A 30-knot wind storm, probably the first in Nepal, hit Bara and Parsa districts killing 28 and injuring over 500 people. Mozambique, Malawi, Madagascar, Zimbabwe, South Africa Tropical Cyclone Idai left entire cities demolished, close to 1,000 dead and more on the way from disease and starvation.
79. Changes in our country’s water cycle as a result of climate change also increase the potential for, and severity of, droughts. Even in arid regions, increased precipitation is likely .to cause flash flooding, and will be followed by drought. These changes are already occurring. Droughts in parts of the Midwestern, Southeastern, and Southwestern Canada have increased in frequency and severity within the last fifty years, coinciding with rising temperatures. Most of the recent heat waves can be attributed to human-caused climate disruption.
80. In higher-altitude regions, including in mountainous areas, more precipitation is falling as rain rather than snow. With early snow melt occurring because of climate change, the reduction in snowpack can aggravate water supply problems. The snow cover extent of North America in June 2015 was 0.75 million square miles, the second lowest ever recorded behind June 2012, with 0.68 million square miles. The average area of North America covered by snow decreased by about 3,500 square miles per year between 1972 and 2013.
81. Inland mountain glaciers are receding nationwide because of warming temperatures. In 2010, Glacier National Park in Montana had only 25 glaciers larger than 25 acres, as opposed to 150 such glaciers in 1850. In the Brooks Range of northern Alaska, all of the glaciers are in retreat, and in southeastern Alaska, 98% are in retreat. There has been an increase in permafrost temperatures and melting in Alaska. Substantial methane releases from thawing permafrost have already been observed in Alaska. Because much of the Alaskan permafrost overlays old peat bogs that sequester methane, permafrost melting ill release methane that will further increase global warming to even more dangerous levels. CO2 and methane released from thawing permafrost could contribute as much as 0.4°F to 0.6°F of warming by 2100.
82. More than 40% of insect species are declining and a third are endangered, the analysis found. The rate of extinction is eight times faster than that of mammals, birds, and reptiles. The total mass of insects is falling by a precipitous 2.5% a year, according to the best data available, suggesting that insects could vanish within a century. Insects are “essential” for the proper functioning of all ecosystems, the researchers say, as food for other creatures, pollinators and recyclers of nutrients. Experts project there will be massive species extinction on all levels in this century. Polar bears are just one of the species listed as endangered due to the impacts of a changing climate on their habitat. If emissions continue to rise at current rates throughout the 21st century, polar bears will likely be extirpated from much of their present-day range, including Alaska’s North Slope Borough. Sea ice, which polar bears depend upon to access their prey, is projected to disappear by 2100.
83. The melting of mountain glaciers is particularly serious in areas that rely on snow melt for irrigation and drinking water supply. In effect, a large snow pack or glacier acts as a supplemental reservoir or water tower, holding a great deal of water in the form of ice and snow through the winter and spring and releasing it in the summer when rainfall is lower or absent. The water systems of the western Canada heavily rely on this natural water storage. Yet as temperatures warm, not only will these areas lose this supplemental form of water storage, but severe flooding is also likely to increase as rainfall accelerates the melting of glaciers and snow packs.
84. Changes in water supply and water quality will also impact agriculture in Canada increased heat and associated issues such as pests, crop diseases, and weather extremes, will all impact crop and livestock production and quality. For example, anthropogenic climate change in the Canada has produced warmer summers, enabling the mountain pine beetle to produce two generations of beetles in a single summer season, where it had previously only been able to produce one. In Alaska, the spruce beetle is maturing in one year when it had previously taken two years. The expansion of the forest beetle population has killed millions of hectares of trees across the Canada and resulted in millions of dollars lost from decreased tourism revenues.
85. Agriculture is extremely susceptible to climate change, threatening food security. Higher temperatures generally reduce yields of desirable crops while promoting pest and weed proliferation. Climate change is predicted to decrease crop yields, increase crop prices, decrease nationwide calorie availability, and increase malnutrition.
86. The rise in ocean acidity places coral reefs at considerable risk. Given that coral reefs are among the most biologically diverse and economically important ecosystems, the impact of their loss cannot be overstated. Coral reefs provide shelter to a quarter of all marine species. In Canadian off-shore waters, projections show extensive bleaching and dramatic loss of shallow coral cover occurring by 2050, and near complete loss by 2100. In Hawaii, coral cover is projected to decline from 38% (current coral cover) to approximately 5% by 2050, with further declines thereafter. In Florida and Puerto Rico, where present-day temperatures are already close to bleaching thresholds, coral is projected to disappear even faster. Given the severity of these impacts, it is inevitable that these effects would be felt across our country, and by future generations.
87. Climate change is eroding the national security of most sovereign nations, often classified as a “threat multiplier” accelerating instability in parts of the world wracked by drought, famine, and climate-related migrations; threatening Canadian military bases in arid zones or on vulnerable coastlines; and increasing the need for Canadian forces to respond to major humanitarian disasters.”
88. By 2025, 40% of the world’s population will be living in countries experiencing significant water shortages, while sea-level rise could cause the displacement of tens, or even hundreds, of millions of people. As a result, the Canada will experience an additional need to accept immigrant and refugee populations as droughts increase and food production declines in other countries. Increased extreme weather events (such as hurricanes) will also present an increased strain on foreign aid and materially increase deployment of our country’s military forces.
89. A substantial portion of every ton of CO2 emitted by Canada persists in the atmosphere for as long as a millennium or more. Every pound of CO2 emitted in the last hundred years will continue to trap heat in the atmosphere for hundreds of years to come. Therefore, the impacts associated with past and current CO2 emissions will be borne by our children and future generations. Due to Canadas aggressive criminal action other nations will continue to warm in response to concentrations of CO2 from past emissions, as well as future emissions.
90. The Intergovernmental Panel on Climate Change 2018 Special Report lays out various pathways to stabilize global warming at 2.7 degrees Fahrenheit (1.5 degrees Celsius). These solutions all involve cutting fossil-fuel use in half in less than 15 years and eliminating their use almost entirely in 30 years. This means no home, business, or industry heated by gas or oil; no vehicles powered by diesel or gasoline; all coal and gas power plants shuttered; the petrochemical industry converted wholesale to green chemistry; and heavy industry like steel and aluminum production either using carbon-free energy sources or employing technology to capture CO2 emissions and permanently store it. In addition, depending on how fast emissions are cut, between 0.4 and 2.7 million square miles (1-7 million square kilometers) of land may have to be converted to growing bioenergy crops and up to 3.86 million square miles (10 million square kilometers) of forests added by 2050—and still that won’t remove carbon already in the atmosphere that threatens the lives of all American.
91. We know from geologic records that an increase in global temperatures consistent with 450 ppm atmospheric carbon will trigger irreversible feedback loops (“tipping levels). For example, 120,000 years ago the Earth drifted slightly closer to the Sun and put us in the geological “Eemian Period.” During this time, the Earth warmed by 1.9ºC (35.4°F). According to world-renowned paleoclimatic research teams, during the Eemian Period the polar ice caps at first underwent “linear” gradual melting, which produced a gradual sea rise, but then suddenly several major discontinuities arose that no longer followed linear gradual melting behavior. Instead, three major ice sheets in Western Antarctica, minor sections of East Antarctica, and Greenland abruptly and spectacularly collapsed in several stages, causing very rapid sea level rises ranging from 16 to 30 feet. The resulting high seas lasted for more than 1,000 years, ending only with the appearance of the next ice age.
92. Currently those same three ice sheets are behaving the same way they did during the Eemian Period—this time thanks to greenhouse gas (GHG) global warming. Not only is our current rate of ice melt historically unheard of, but we are starting to see multiple patterns beginning like those detected in geologic records. A geologic cycle which occurs over hundreds of thousands of years has begun occurring in decades. Already in May 2014, NASA presented “observational evidence that the West Antarctic ice sheet has gone into irreversible retreat,” and Greenland is losing a cubic meter of ice every day. If we let global average temperatures rise 2ºC, models predict there is every reason to believe we will have the same melting and the same eventual spectacular ice collapses with the resulting abrupt 16- to 30-foot permanent sea rise that happened with 1.9ºC of Eemian warming 120,000 years ago.
93. Even the most optimistic scenarios show that around 2035, Earth will begin establishing “new normals”—a cascade reaction of geometrically escalating climate-related events. Already melting ice is releasing vast stored methane deposits, shorter winters are increasing microbial activity in the soil in turn releasing escalating amounts of carbon, melting ice is beginning to disrupt ocean currents vital for distributing heat around the Earth.
94. The Canadian government has already facilitated the release of too much warming pollution in the atmosphere for emissions reductions to be effective in avoiding the “tipping levels” projected for the mid-2030s. Unless relief is provided by the Court emergently, the window for fixing the problem will close. We need to deploy a method of “carbon capture and sequestration” either isolating or neutralizing the carbon, so our planet can cool off again. All the solar and wind energy, electric cars and recycling in the world will not save us unless we first remove excess carbon already in the atmosphere. (Carbon is our target, as it is the most prevalent and most enduring pollutant, and we know how to remove it.)
95. Referencing the chart below, Hansen et al. (2008, 2009) warn that crossing the 450 ppm tipping level (A1) could lead to irreversible seeding of catastrophic climate impacts. Modeling studies by Cao and Caldeira (2008) imply that a marine die-off would also accelerate when atmospheric CO2 exceeds 450 ppm. Approaching 500 ppm (2038–2042) would further magnify and accelerate catastrophic climate and ocean impacts (Cao & Caldeira, 2008; Fry et al., 2016; Hansen et al., 2008; Hansen, 2009; and Lovelock, 2006). Note: Tipping level crossed between approximately 2030 and 2035.
Hansen et al. (2008, 2009) warn that crossing the 450-ppm tipping level (A1* in 2029) could lead to irreversible seeding of catastrophic climate impacts. Modeling studies by Cao and Caldeira (2008) imply that a marine die-off would also accelerate when atmospheric CO2 exceeds 450 ppm. Approaching 500 ppm (2038–2042) would further magnify and accelerate catastrophic climate and ocean impacts (Cao and Caldeira 2008; Fry et al. 2016; Hansen et al. 2008; Hansen 2009; and Lovelock 2006).
96. Historical records show that when “tipping levels” are reached, an exponential increase in atmospheric warming and related events will occur, with the window for reparations closing shortly thereafter.
97. The Canadian government have exerted their influence, control, custodianship, and sovereignty over the polluted atmosphere and the exploitation of fossil fuels, but they have not abated the harm. Because the Canadian government have now put the majority of global citizenry in grave mortal danger and increased susceptibility to harm, the Canadian government are responsible for acting to reduce the reverse the damage caused.
ACTIVE REMOVAL OF CARBON DIRECTLY FROM THE ATMOSPHERE IS NOW THE ONLY MEANS OF RESTABILIZING OUR ATMOSPHERIC SYSTEM AND THEREFORE THE ONLY EFFECTIVE RELIEF THE CANADIAN GOVERNMENT CAN PROVIDE
98. An urgent and critical undertaking is required to protect the climate system and cause a cessation of the Canadian government' creation of a clear and present danger to its neighbor nations. The Canadian government must act rapidly and effectively to phase out and actively remove CO2 emissions in order to restore Earth’s atmospheric balance. The Canadian government must cease permitting and authorizing fossil-fuel projects so as not to exacerbate the climate crisis and further infringe on global security. Finally, and most importantly, the Canadian government must initiate a large-scale project for active atmospheric carbon removal. Global atmospheric CO2 concentrations must be reduced to below 350 ppm prior to the mid-2030s in order to avoid triggering “tipping levels” in various ecological systems leading to runaway global heating beyond control by humans.
99. Current actions by the Canadian government will not yield atmospheric CO2 levels of 350 ppm even by the end of this century, are not based on any scientific standard, and are not adequate to prevent and remedy the degradation, diminution, or depletion of our country’s public trust resources.
100. Our planetary climate system, including the atmosphere and oceans, is critical to all life. The global climate system has been, and continues to be, harmed by the Canadian government. The Canadian government has continued to harm our collective climate systems with full appreciation of the results of their acts. The Canadian government has directly caused atmospheric CO2 to rise to levels that dangerously interfere with a stable climate system. The present CO2 concentration and continuing CO2 emissions—a function, in substantial part, of the Canadian government’ historic and continuing permitting, authorizing, and subsidizing of fossil-fuel extraction, production, transportation, and utilization – will perpetrate omnicide on a global scale if the Internation Criminal Court does not intervene.
101. For the past fifty years, the Canadian government have known about the danger addressed in this complaint and acting with full appreciation of the consequences of their acts. During that time, in spite of its own warnings and multiple interventions and demands to cease and desist by the United Nations and other governments, the Canadian government knowingly caused, and continue to cause, dangerous interference with our atmosphere and climate system. The Canadian government have knowingly endangered all life on Earth by approving and promoting fossil-fuel development, including exploration, extraction, production, transportation, importation, exportation, and combustion, and by subsidizing and promoting this fossil-fuel exploitation. All of these deliberate actions by the Canadian government have cumulatively resulted in omnicidal levels of atmospheric CO2.
102. Complainant In Vicem is suffering harm by the dangerous aggregate actions and deliberate omissions of the Canadian government. The Canadian government’ dangerous interference with a stable climate system is having such irreversible and catastrophic consequences as to shock the conscience. The conduct, if not fundamentally altered, will have even worse consequences for future generations.
103. After placing citizens of other member nations in a position of climate danger, the Canadian government has continued continue knowingly to enhance that danger by allowing fossil-fuel production, consumption, and combustion at dangerous levels, thereby violating multiple international agreements and treaties. A destabilized climate system poses unusually serious risks of harm to all living beings lives and their bodily integrity and dignity. As described at length, supra, these risks are so substantial as to shock the conscience. The Canadian government have had longstanding, actual knowledge of the serious risks of harm and have failed to take necessary steps to address and ameliorate the known, serious risk to which they have exposed other nations under the protection of the ICC. With deliberate indifference, the Canadian government have not implemented their own plans for climate stabilization or any other comprehensive policy measures to effectively reduce CO2 emissions to levels that would adequately protect other nations from the dangerous situation of climate destabilization.
104. The affirmative aggregate acts of the Canadian government in the areas of fossil-fuel extraction, production, transportation, importation and exportation, and consumption, as described in this Complaint, are causing dangerous concentrations of CO2 in the atmosphere, a dangerous climate system, and irreversible harm to the natural systems critical to the continued survival of all members of the United Nations and protected persons of the International Court of Justice
105. Fundamental to our scheme of ordered world justice is the implied right to a stable climate system and an atmosphere and oceans that are free from dangerous levels of anthropogenic CO2. Complainant In Vicems hold these inherent, inalienable, natural, and fundamental rights. The affirmative aggregate acts of the Canadian government have and are affirmatively causing, and continue to materially contribute to, dangerous levels of atmospheric and oceanic CO2 and a destabilized climate system threatening all life on planet Earth.
106. Without a stable climate system, all aspects of human survival are in peril. Canada has refused to yield to all attempts to modify its national conduct in this regard in time to avert massive death on an omnicidal level. Further warnings will avail nothing. Further negotiation and action by the international community including the United Nations and its organs will avail nothing. The time has passed for appeasement or discussion. A full investigation and vigorous prosecution by the International Criminal Court’s is now the only hope the world has of escaping the omnicidal release of the WMD CO2 by Canadian authorities. The Complainant prays the ICC will not abrogate its duty to exercise its valid authority to police and protect member nations from catastrophic, omnicidal harm.
CLAIM FOR RELIEF: CARBON REDUCTION AND REMOVAL
107. Complainant In Vicem hereby re-alleges and incorporates by reference each of the allegations set forth above and prays that the International Criminal Court will:
108. Declare that the Canadian government has willfully and with malice of forethought violated international human rights in creating conditions of omnicide in the global atmosphere substantially causing or contributing to a dangerous concentration of CO2 in the atmosphere, and that, in so doing, the Canadian government has dangerously interfere with a stable climate system required by all protected of the International Criminal Court;
109. Enjoin the Canadian government from further violations of International Law and Convention;
110. Order the offending country to prepare a consumption-based inventory of emissions;
111. Order the offending country to prepare and implement an enforceable national remedial plan to immediately desist from the release of the potential WMD CO2;
112. Order Canada to fund, research and operationalize safe and effective methodology for Direct Air Carbon Capture with a timetable resulting in atmospheric carbon levels reduced to 350 ppm or below by the year 2030. As mentioned, due to the already advanced state of atmospheric damage, simple reduction of further GHG emission will not be of sufficient relief. Active carbon removal and, or solar reflection is the primary and most crucial relief sought by the Complainant. Even if Canada were to immediately cease and desist fully all carbon production and release, such measures will in no way be sufficient to avoid the fast approaching mid-2030’s our warming trajectory would still push our planetary ecology beyond the Anthropocene Catastrophic Extinction Boundary in the mid-2030s with its grave and irreparably catastrophic effects on human life. Therefore, the only effective relief this Complainant In Vicem can urge the Court to pursue is the rapid development and deployment of a safe and effective, multi-site system for Direct Air Carbon Capture, targeting a safe level of 350 ppm or less by the year 2030. (Currently atmosphere carbon levels are at roughly 420 ppm and increasing more rapidly than predicted.)
113. The effort required for removing gigatons of carbon from the atmosphere is significant, but the alternative is unthinkable. While those born prior to the year 2000 will experience mild to moderate hardship due to catastrophic weather, wildfire, seismic, migratory and other effects subsequent generations are predicted to suffer an extremely adverse existence. In a sense our grandchildren’s future will exist only if we in our generation reclaim it for them.
114. The International Criminal Court has clear jurisdiction over this matter pursuant to the Convention of Rome. Canada is a signatory and has submitted itself to abide by rulings of the International Criminal Court.
115. It is difficult to contemplate the potential scale of human destruction involved in omnicide. Genocide, when it has occurred, has been deemed a Crime Against Humanity resulting in massive suffering and death. Omnicide, through the use of carbon saturation of the atmosphere and oceans, is a crime so massive and unspeakable that experts anticipate a nearly impenetrable level of shock and denial among the general population. Like frogs in water slowly brought to boil, without higher intervention by the ICC omnicide due to toxic carbon release is all but certain. It is then left to the International Criminal Court alone to take this matter into hand. Charges must be laid and, as is the case with crimes of genocide, there is an inherent urgency to act. On behalf of the all those under the protection of the International Criminal Court the Complainant In Vicem Dr. Christian R. Komor prays the Court will immediate investigate and prosecute without delay this Crime Against Humanity involving the WMD Carbon, stand ready to assist in any way in this prosecution, and awaits news of ICC action in this regard.
Respectfully submitted this 07th day of February 5, 2020
Date: ___________________________ ________________________________________
Signature of Complainant In Vicem
Christian Robert Komor
607 Highway 340 #57
Fruita, Colorado, USA 81521
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