Whatever the anticipated effects of climate change, the question raised by the fictive scenario about the use of the defence of necessity is not purely hypothetical.
Secondly, environmental activists engaged in civil-disobedience campaigns and faced with criminal charges have invoked the defence of necessity.
Greenpeace activists who had attempted to shut down a coal-fired power station by climbing its chimney were cleared of criminal charges, as it was held that they were trying to prevent climate change from causing greater property damage, is In 2009, a court rejected the defence of necessity raised by twenty-two activists who hijacked a coal train to stop emissions from another power station in order to fend off imminent devastation due to global warming.
Beyond circumstantial justifications, a study of the defence of necessity in times of environmental crisis sheds light on more fundamental questions raised by the dialectical tension between certainty and flexibility within the legal order.
The defence of necessity thus increases the law's flexibility by processing unique situations.
Part I of the article provides a general presentation of the defence of necessity.
By comparison to its philosophical origins and its recognition in international law, the reception of the defence of necessity in Canadian law is relatively recent.
The group has argued that its actions were necessary to prevent loss of life and has lodged a defence of necessity, in the same vein as GCHQ whistleblower Katharine Gun.
He said the defence of necessity was not relevant in this case because the protesters' actions were not taken with a view to stopping the war.
Opposing the appeals, Crown counsel Mukul Chawla QC said: ``The defence of necessity
exists as a realistic and humane concession to human frailty, excusing a breach of the law in extreme circumstances.