Young Quebecers will file Friday an application for leave to appeal to the Supreme Court of Canada in order to bring the federal government to justice for its insufficient efforts in the fight against climate change.
The organization ENvironnement JEUnesse accuses the Canadian government of violating their rights to life, security, equality and to live in a healthy environment.
Last December, the Quebec Court of Appeal dismissed the appeal of the organization represented by the firm Trudel Johnston & Lespérance (TJL), which had filed an application in November 2018 to represent all people in Quebec aged 35 and under.
ENvironment JEUnesse pleads that the younger generations are particularly threatened by the climate crisis and that the government has failed in its obligation to protect them.
The three judges of the Court of Appeal of Quebec had considered that the group’s request fell rather within the legislative and executive bodies and any order of a court of justice in this regard would encroach on the powers vested in the political authorities.
But class lawyer Anne-Julie Asselin believes Canadian courts have a crucial role to play in solving the climate crisis.
“We want to ask the courts to examine the conduct of the government,” indicated Me Asselin to The Canadian Press, specifying that it is up to the courts to “decide on the constitutionality of the actions of the government and to determine whether the government has violated the rights of young people in Quebec” with regard to the Canadian and Quebec charters of rights and freedoms.
Catherine Gauthier, Designated Class Action Member and Executive Director of ENvironnement JEUnesse, added that “Canadian courts cannot remain silent while the fundamental rights of young people are violated by the government.”
She argues that other courts around the world have heard and decided similar claims.
For example, in 2019, the Supreme Court of the Netherlands ordered the government to reduce the country’s greenhouse gas emissions, in the name of its obligation to protect citizens.
Three demands for the courts
Lawyer Anne-Julie Asselin explained that concretely, ENvironnement JEUnesse made three requests to the court.
The first is to declare that the government, “by its actions and omissions, violates the fundamental rights of young Quebecers”.
The second request is to force the government to “stop the violations” and the third is to pay compensation to the young people.
ENvironment JEUnesse has calculated that the punitive damages claimed from the government would be $100 per Quebecer under 35 years of age, therefore an amount that would constitute a kitty of $340 million.
However, if the action is successful, it would then be requested that the money obtained be used instead for the fight against climate change.
The plaintiffs would therefore ask the government to “put in place a remedial measure which would contribute to limiting greenhouse gases and then to stopping climate change”, specified Me Asselin.