Today’s Needs, Tomorrow’s Consequences

Recapping the CLA-ACE Conference on Competing Strategies for Sustainable Development
Kyra Leuschen

"Sustainable development is development that meets the needs of the present without compromising the ability of future generations to meet their own needs. It contains within it two key concepts: the concept of needs, in particular the essential needs of the world's poor, to which overriding priority should be given; and the idea of limitations imposed by the state of technology and social organization on the environment's ability to meet present and future needs." - 1987 Brundtland Report

Désirée McGraw delivering a Canadian version of Al Gore's
presentation in an An Inconvenient Truth

Why has Canada been a laggard in the fight against climate change? Is Canada placing short-term economic gains ahead of sustainable growth? What can and should Canada be doing to help ensure a sustainable future for Canada and the world? These are just a few of the probing questions the University of Ottawa’s Canadian Lawyers Abroad – Avocats canadiens à l’étranger (CLA-ACE) Student Chapter sought to explore at their fourth annual conference held last month.

On February 29th 2008 an enthusiastic mix of students and members of the community braved the winter weather and joined us at Fauteux Hall, resisting the urge to flatline on the couch late Friday afternoon. The conference kicked off just after 4 pm with an address by Catherine McKenna, co-founder of CLA-ACE. She took a moment to honour the memory of former Supreme Court Chief Justice Antonio Lamer, who in his role as a member of the CLA-ACE Advisory Committee provided invaluable advice to the organization.  She also reminded us that a Canadian law degree is a privilege, and that we all have an obligation to give back, no matter where we end up working after graduation.

The conference’s keynote speech was delivered by Désirée McGraw, described by the national media as “one of Canada’s ten most influential people on environmental issues.” Recently, Désirée was among a select group of Canadians to complete a private training with former U.S. Vice-President and Nobel Peace Prize recipient Al Gore on the science and solutions of climate change, and it was a custom version of this presentation that she used to highlight the environmental and economic challenges brought about by global warming.

University of Ottawa Law Professor Jamie Benidickson; John Dillon,
Vice President, Regulatory Affairs and General Counsel of the
Canadian Council of Chief Executives (CCCE); Robert Kibugi, a
Kenyan lawyer and LL.D candidate at the University of Ottawa; keynote
speaker, Désirée McGraw, and Howard Mann, Associate and Senior
International Law Advisor with the International Institute of
Sustainable Development (IISD).

In short, the thickening of our atmosphere due to the production of greenhouse gases is causing more energy from the sun to be trapped, and this warming is causing changes in the climate. These changes will differ depending on where you live on the planet, but the scale, speed and scope of climate change presently occurring is unprecedented. The warming of the oceans, melting of the Arctic ice cap, increased hurricane intensity and the spread of alien or invasive species are just a few of the effects we are currently seeing. These environmental changes can have far reaching consequences, for example, she noted that the conflict in Darfur is likely exacerbated by a recent ten percent volume decrease in Lake Chad. Besides the many simple changes we should be making (see www.climateprojectcanada.org “Ten Things to Do”) Désirée acknowledged that a more aggressive and national approach is necessary to stop global warming. She suggested writing to the government and Ministers offices, because in her own experience they really do read them, as well as applying your burgeoning legal practise to these issues.

After a short break, the Faculty’s own Professor Jamie Benidickson took to the mike to introduce the panel, which featured John Dillon, Vice President, Regulatory Affairs and General Counsel of the Canadian Council of Chief Executives (CCCE); Robert Kibugi, a Kenyan lawyer and LL.D candidate at the University of Ottawa; and Howard Mann, Associate and Senior International Law Advisor with the International Institute of Sustainable Development (IISD). The panelists’ unique backgrounds and perspectives provided a truly engaging and in-depth exploration of this difficult subject.

John Dillon was representing the interests and opinions of the CCCE, a not-for-profit, non-partisan organization composed of the CEOs of Canada's leading enterprises. In his view, a giant step towards greater sustainability was the recognition that the economy and the environment are mutually supportive. If we want better levels of environmental quality, we need trade and development as part of that package, which has proven to be a rallying cry for forces that weren’t working together before. Furthermore, he claims that his clients echo the sentiments of many Canadians, and are fed up with the idea of having targets for carbon reduction, favouring carbon and emission pricing instead because it creates greater certainty for the marketplace.

University of Ottawa Law Professor Jamie Benidickson; John Dillon,
Vice President, Regulatory Affairs and General Counsel of the
Canadian Council of Chief Executives (CCCE); Robert Kibugi, a
Kenyan lawyer and LL.D candidate at the University of Ottawa;
keynote speaker, Désirée McGraw, and Howard Mann, Associate and
Senior International Law Advisor with the International Institute of
Sustainable Development (IISD); John Siwiec, University of Ottawa
Chapter of CLA-ACE; Cathernine McKenna, CLA-ACE Cofounder;
Kyra Leuschen, University of Ottawa Chapter of CLA-ACE.

Next, Robert Kibugi talked about the contrasting paradigms at play in developing countries. He noted that a society deeply in poverty remains cynical of sustainable development, and too often the rules fall short of meeting the needs of half the population. In order to meet their livelihood needs, people won’t hesitate to use unsustainable practices such as charcoal burning or take up residence in protected parklands. A more realistic approach is necessary or sustainability is defeated.

Finally, Howard Mann spoke about the investment problem that hinders Canada’s ability to fully embrace SD. In his view, we will not reach a state of SD based on the existing technologies we have, nor will are we willing to simply stop the offending activities. Therefore, we need to be investing more in future technologies, rather than continuing to pick the “short term winners and losers” that we do currently. He criticized our government for not making smarting choices in this regard, and the international investment regime for making it so difficult.

Although Prof. Benidickson had warned that if the audience didn’t participate he would subject us to a lecture on his favourite subject, sewage, he needn’t have worried. A lively question period followed and the event ran well past the stated 7 pm finish. Afterwards, guests stayed behind for a wine and cheese in the Tsampalieros Atrium, and the organizers breathed a sigh of relief that the event had gone off without a hitch!

A big thank-you again to all of our organizers for their time and effort, as well McCarthy Tétrault LLP, the ÀÉÉCLSS and the Law Foundation of Ontario for their financial contributions.