15 young Canadians' Charter climate case against Ottawa goes to trial in Vancouver

Mixed · 2A trial began on Monday 26 October in Vancouver in La Rose v. His Majesty the King, a lawsuit by 15 young Canadians who accuse the federal government of violating their constitutional rights through its climate policies. 1 2 Centre · 1The plaintiffs argue that Ottawa's conduct, including subsidies for fossil fuel industries, approval of major extraction projects and failure to meet emissions-reduction commitments, violates Section 7 of the Charter of Rights and Freedoms, which protects the rights to life, liberty and security of the person. 1 Centre · 1They ask the Federal Court to declare that their rights have been violated and to order the government to develop a science-based Climate Recovery Plan to cut greenhouse gas emissions and decarbonize Canada's energy system. 1

Left · 1The case was filed in 2019 by youth, six of whom identify as Indigenous, who were between 10 and 19 at the time. A federal judge dismissed it without trial in 2020 after the government argued it was overly broad and asked the court to resolve a political matter. 2 Mixed · 2In 2023 the Federal Court of Appeal, in a unanimous decision according to Anadolu, allowed the case to proceed. Grist reports that it upheld the dismissal of a Section 15 equality claim but let the Section 7 claim go forward if the plaintiffs detailed the government conduct at issue. 1 2 Left · 1The plaintiffs then amended their complaint to focus on the Canadian Net-Zero Emissions Accountability Act of 2021 and the 2030 emissions reduction plan adopted under it, arguing these do not go far enough, according to Grist. 2

Mixed · 2Plaintiffs and experts in climate science, children's health, renewable energy, public policy and economics are due to testify. Anadolu says the evidentiary phase runs through Nov. 20; Grist describes about five weeks of proceedings, closing arguments in February and a decision expected in 2027, though an appeal could delay resolution. 1 2 Centre · 1Plaintiff Sadie Vipond of Calgary, who joined at 13, said in a statement from Our Children's Trust that "the climate crisis is harming us now." Plaintiffs' lawyer Catherine Boies Parker of Arvay Finlay said the question is not what climate policy should look like but whether the government's conduct is consistent with the Constitution. 1 Left · 1The federal government did not challenge the reality of climate change. Environment and Climate Change Canada, answering for the Department of Justice, said its net-zero by 2050 commitment "has not wavered" and that it respects the courts' role. 2

Left · 1Legal experts quoted by Grist call it arguably the most consequential climate case to reach trial. Of more than 3,000 climate cases filed worldwide, most never reach a courtroom. A ruling would not set precedent outside Canada but could be persuasive elsewhere, as with Held v. Montana, where a judge ruled for young plaintiffs in 2023. 2