The Federal Court of Appeal has just authorized 15 young Canadians to file a lawsuit against the federal government, which they accuse of violating their rights recognized by the Charter of Rights and Freedoms by not sufficiently fighting the climate crisis. This is a first in the country.
In a unanimous decision by three judges, the court emphasizes that the climate crisis is having “a dramatic and rapid effect” on the country’s citizens, but also that “there is no doubt that the burden of the consequences will disproportionately affect young people Canadians.”
The judges also recognize that the effects of global warming suffered by the plaintiffs could be characterized as “special circumstances” imposing a duty on the government to protect them, but that a trial is necessary to make that final decision.
“When new Charter remedies test the limits of a right, they may require a trial to understand the nature of the legislation, executive action or regulation and the harm suffered by the parties. applicants. This is one of those cases,” the judges argue in their decision.
The appeals court considered whether the plaintiffs’ claims fell under sections 7 or 15 of the Charter, or the public trust doctrine, and ultimately ordered the lower court to advance the case to trial under Section 7 of the Canadian Charter, which protects against government attacks on life, liberty and personal security.
The “La Rose” case was filed by 15 young people from seven provinces and one territory in October 2019. The young people claim that the federal government of Canada is contributing to dangerous global warming by not putting forward a plan sufficiently ambitious in reducing greenhouse gas emissions. The case argues that young people are already experiencing the harmful effects of climate change and that the federal government is violating their rights to life, liberty and security of the person under section 7 of the Canadian Charter of Rights and freedoms.
The youth also allege that Canada’s behavior violates their Charter rights, given that young people are disproportionately affected by the effects of climate change. The federal court first rejected their request in October 2020.
” First stage “
“It is disheartening that our government has wasted four years opposing our right to a trial. But I am grateful that the judges had the courage to decide to listen to us and, above all, that they recognized that a certain flexibility is necessary when addressing an existential question of such magnitude,” Albert reacted on Thursday. Lalonde, one of the plaintiffs.
“This is a crucial first step in protecting the rights of young people in the face of the power that fossil fuel interests wield over policymaking in Canada,” he added.
“I think this action goes beyond the federal government. This should send a message to all provinces blocking climate action that inaction can have legal consequences,” added Tom Green, senior climate policy advisor at the David Suzuki Foundation.
Last year, the Supreme Court of Canada refused to hear the appeal of the organization Environnement Jeunesse. He wanted to take collective action against the Government of Canada “for the inadequacy of its actions in the face of the climate emergency”, but was refused by the Quebec Court of Appeal.
In this case, the Government of Canada argued that not only does the country’s climate plan fall solely within the political power in place, but also that nothing demonstrates that the federal government acted negligently in its response to the climate crisis. Ottawa therefore requested the rejection of the request presented on behalf of young Quebecers.
This legal action followed numerous lawsuits launched to force governments to act to resolve the climate crisis, including in the United States, Belgium, Ireland, the Netherlands and New Zealand. In 2019, the Dutch Supreme Court ordered the government to reduce the country’s greenhouse gas emissions, out of its obligation to protect citizens. A Belgian court issued a similar ruling in late November.