Can federal conduct contributing to climate change violate young Canadians’ Charter rights?
That question is now before the Federal Court in La Rose v. Canada, where a trial brought by 15 young plaintiffs began in Vancouver on October 26.
The plaintiffs argue that the federal government’s conduct contributing to greenhouse-gas emissions violates their constitutional rights. Canada disputes the claim and says the result the plaintiffs seek cannot be achieved by court order or by Canada acting alone.
The trial has begun. The court has not decided the case.
What are the plaintiffs asking the court to do?
The proceeding was filed in 2019. The plaintiffs ask the court to find that federal conduct violates their rights under section 7 of the Canadian Charter of Rights and Freedoms, which protects life, liberty and security of the person.
They also seek an order requiring the development and implementation of a climate recovery plan. The plaintiffs’ position is that the court can assess whether government conduct meets constitutional standards while recognizing that climate policy involves difficult choices.
Canada’s response
In opening submissions, federal counsel argued that the requested outcome depends on international action and cannot be delivered through an order against Canada alone.
The parties are expected to present evidence from climate experts. The court will also hear from young plaintiffs about the effects they say climate change has had on their lives. Canadian Press reported that closing arguments are scheduled for February.
Why the case matters
The trial moves a longstanding legal debate from preliminary proceedings to evidence: what must a claimant prove to connect government conduct to a constitutional harm, and what remedy can a court properly order?
Those questions have implications for climate litigation and for the boundary between judicial review and public policy. The answers will depend on the evidence and the court’s eventual reasons.
Sources: Canadian Press report · Plaintiffs’ trial documents and background