The Supreme Court of Canada refused Thursday to hear an appeal from the organization Environnement Jeunesse. He wanted to bring a class action against the Government of Canada “for the insufficiency of its actions in the face of the climate emergency”, but had been refused by the Quebec Court of Appeal last February.
“By refusing to hear this case, the Supreme Court of Canada is leaving important questions unanswered, including whether or not Canada is violating the rights of young people to safety, equality and a healthy environment. “Reacted Thursday morning Environnement Jeunesse by press release.
Environment Youth, represented pro bono by the firm Trudel Johnston & Lespérance, filed in 2018 an application for authorization to institute a class action on behalf of all young people aged 35 and under in Quebec against the Government of Canada.
The class action sought a declaration that the federal government’s behavior in the fight against climate change “infringes the rights of young people”, as well as a “conviction for punitive damages”.
After a rejection by the Superior Court of Quebec in July 2019, the organization appealed its case. In December 2021, the Quebec Court of Appeal had again refused the request, specifying that it would not fall under the judicial system, but rather the legislative and executive bodies. The order of a court of justice would therefore have come to encroach on the responsibilities incumbent on elected officials.
The plaintiffs filed an appeal to the Supreme Court of Canada on February 11.
“If the decision handed down by the Supreme Court of Canada is not what I had hoped for, the class action will have been a tremendous tool for raising awareness and educating the public on the right to a healthy environment, on the protection of the environment, respect for biodiversity and the fight against climate change,” said Catherine Gauthier, the designated member of the collective action and special advisor to Environnement Jeunesse, on Thursday.
In recent years, numerous lawsuits have been launched around the world – including in the United States, Belgium, Ireland, the Netherlands and New Zealand – to force governments to act up to the severity of the climate crisis.