Canadian youths take constitutional climate claims to trial
Lawyers for 15 plaintiffs aged 17–25 opened a trial alleging that successive Canadian governments violated their constitutional rights to life and security by failing to protect them from climate change. First filed in 2019 and initially dismissed, the lawsuit reached trial after a federal appeals court ruling in 2023. [9]
Why it matters
The case tests a question Canadian federal courts have not previously tried: whether climate protections are a constitutional issue. It also puts legal accountability alongside Canada's 2030 emissions target, which Prime Minister Mark Carney's government has indicated may be missed. [9]
Key insights
- The plaintiffs are asking for binding protections, not simply a political commitment; their lawyer argues that fundamental rights cannot depend on changing political priorities. [9]
- Canada's target is a 40–45 per cent emissions reduction by 2030 from 2005 levels, but an anticipated target shortfall is not itself a court finding of a constitutional violation. [9]
- The appeals decision allowed a trial; the plaintiffs still have to prove their claims. [9]