Plans and Activities

Through a participatory process of dialogue, joint research and legal analysis, researchers are developing a series of legal working papers and a capacity building manual (in both interactive on-line and printed versions) on the implications of a changing climate in governance and interactions with Inuit Land-claims organizations; legal issues and sovereignty, environmental protection and human rights; and international sovereignty and diplomacy.

Phase I: Laying the Foundations of the Research

To launch the project, the climate law team has been reaching out to potential partners, especially Inuit organisations and communities, seeking new members and building a network of support. Student research assistants are being selected in an annual process, with special openness to including students from Canada’s North. The team is developing a draft Legal Research Strategy to guide their work. The Strategy identifies specific topics for legal working papers in consultation with ArcticNet, Northern aboriginal organizations and groups, scientists, governments and other advisors. Consultations (by telephone, email and meeting) are being continuously held to ensure that the papers will address the most pressing questions for Northern communities.

As part of Phase I, the CISDL co-hosted, with expert speakers from ArcticNet and other institutions, a special Workshop on Law and Policy Implications of a Changing Climate for Northern Communities, at the International Law Symposium on “Sustainable Developments in Law and Policy on Climate Change” in Montreal at the McGill Law Faculty, on 02 - 03 December, 2005, during the 11th Conference of the Parties to the UN Convention on Climate Change (UNFCCC) and the 1st Meeting of the Parties to the Kyoto Protocol. (The COP/MOP attracted over 11,000 delegates, NGOs, experts and media to Montreal). This linked with ‘Arctic Day’ on 06 December. Students from across Canada, especially the North, were invited to participate and learn about climate law and policy. Extra efforts (though email, word-of-mouth, posters and other outreach) ensured that speakers and participants from Canada’s north, including students, could participate actively. The Workshop put Northern law and policy issues on the table, framed them within a legal context, gathered advice of international climate law experts on specific problems faced by Arctic communities, and provided a point of outreach to a wider group of potential partners.

Milestones:

• The CISDL climate law research team of lawyers and scientists has defined, in consultation with Northern organisations and partners, the specific topics that require attention, building a detailed plan of research with tangible deliverables and useful recommendations.

• Research is being undertaken and a preliminary draft paper on the research strategy is being produced and updated constantly for review.

• At the International Law Symposium on “Sustainable Developments in Law and Policy on Climate Change”, the CISDL hosted, with ArcticNet experts and speakers, a special Workshop on “Law and Policy Implications of a Changing Climate for Northern Communities.” The Workshop resulted in a contact list of interested researchers and experts, and in a draft substantive research agenda on these issues, and linked with activities organised around ‘Arctic Day’ (Dec 06, 2005) in Montreal at the COP/MOP and parallel events.

Phase II: Developing the Research Dialogue and Deliverables

In Phase II the climate law research team is building on the outcomes of the “Law and Policy Implications of a Changing Climate for Northern Communities” Workshop to develop several concrete deliverables. In particular, they are producing initial concept papers, providing foundational material for meetings and research discussions between researchers and partners to feed into the development of law and policy adaptation recommendations.

These materials will also contribute to a new legal capacity building manual: ‘Sustainable Development Law on Climate Change’, that is being edited by the team and its partners. This manual will later be tested in sessions with leaders and experts from Inuit organizations, northern communities, universities, research institutes, industry as well as government and international agencies. It will also be tested at CISDL ‘learning centre’ courses in the United Nations Commission on Sustainable Development sessions, at university law faculties and other institutes, highlighting the concerns of Northern people and institutions to these groups.

The activities in this Phase do not just imply research, but also joint dialogue and analysis, which is being done in a participatory way. Northern students and researchers are being called upon to submit ideas and comments, which is being posted on this interactive website based at www.cisdl.org. In the fall of 2007, webcast discussions will be organised, co-hosted by interested Northern organisations, to discuss the topics of drafts with students and researchers from the North and across Canada, and budget permitting, participants are being invited to McGill Law Faculty to debate the outcomes. In discussions, aboriginal students and experts are being invited to submit not only the products of their research, but also their native knowledge and social preoccupations related to proposals for changes in laws and policies. At the end of this phase, the project will have a series of working papers and publication materials, providing a base for recommendations of policy initiatives and legislative changes.

Milestones:

• The CISDL climate law research team is building on the international event to produce:

1) initial concept papers for meetings and research discussions between researchers, collaborators and partners, to build into concrete legal and policy recommendations for ArcticNet and its members; and

2) materials for a new legal capacity building manual: ‘Sustainable Development Law on Climate Change’, that will be edited by the team and its partners.

• The CISDL is hosting discussion forums on diverse aspects of the question of the impact of climate change on policy design. These are being done through webcasts and will be led by university teachers, researchers and partner organisations. They involve the participation of students, researchers, decision-makers and government representatives. Sessions will start in the fall, 2007, with the presentation of working papers on the topic of the session and be followed by group discussion, they will lead to a summary agenda of what remains to be done in that field and where more research should be devoted.

• The concept papers and eventual legal working papers are being reviewed by peers, debated in consultations and inter-active dialogue activities, and prepared for publication.

• Initial recommendations on new policy directions and proposed legislative adaptations will then be drafted.

Phase III: Debating the Research Results

Phase III will consist of a National Seminar, hosted at McGill Law Faculty or another location selected by ArcticNet advisors and the climate law team, where the research results will be presented and the law and policy recommendations debated. The papers and on-line materials will also be presented at the next COP/MOP, to share the outcomes with the international community.

New laws and policies, and adaptations to existing ones, will be proposed and submitted to the different levels of legislative chambers in order to help decision-makers consider the impact of climate change on their legislation and how to adapt to meet the needs of a changing North, especially its influence on aboriginal communities. Participatory project evaluation, management and monitoring, carried out throughout the project, will also be summarised and reviewed by the partners and advisors in this phase.

Milestones:

• The national seminar will engage many partners, researchers and others. It will assemble scientists, lawyers and community representatives to debate the implications of climate change for laws and policies in the North. It will be an occasion to present the research results and debate the law and policy recommendations reported in the drafted proposal. It will provide an opportunity for face to face meetings to debate the recommendations of the legal working papers, review the manual, and plan follow-up initiative. These activities will lead to new versions of the working papers and manual.

• Participatory project evaluation, management and monitoring, carried out throughout the project, will also be summarised and reviewed by the partners and advisors, leading to an evaluation report.

• A summary of the seminar proceedings and conclusions reached will be published and distributed to governmental officials and other policy-makers, along with a final version of the working papers.”