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(Photo Credit: bloodua/DepositPhotos.com)A lawsuit alleging Canada’s current climate policies violate the rights of the country’s youngest residents is advancing to the Court of Appeal.
The lawsuit, originally filed in 2019 by 15 young Canadians aged 11 to 20, takes aim at the Canadian government, and seeks to force legislators to rewrite the country’s climate policies based on science.
After having their claims struck down last year, the young activists pledged to appeal. On Monday, they filed written arguments in the Court of Appeal, the Times Colonist reported.
In the appeal, the group says Canada’s ongoing greenhouse gas emissions violate their constitutional rights to life, liberty, security and equality.
The young people are seeking a declaration that Canada’s greenhouse gases levels infringe on the rights of the nation’s youths, who are disproportionately affected by climate change.
They are also seeking a court order forcing Canada to develop a comprehensive plan to reduce emissions based on scientific data.
The claims were struck down in November last year by Justice Michael D. Manson, who said the lawsuit’s demands would force “judicial involvement in Canada’s overall policy response to climate change,” the Times Colonist reported.
Justice Manson reportedly ruled that the lawsuit, “fails on the basis that there are some questions that are so political that the Courts are incapable or unsuited to deal with them.”
However, the young people’s legal team argues that lower court’s ruling prevents judicial or constitutional scrutiny of climate policies, so should be overturned.
Their lawsuit describes the effects of climate change, including devastating weather events, warming ocean temperatures, deterioration of natural resources, and pollution, and the group’s fears that those effects on the environment will negatively impact their futures.
The lawsuit focuses on Canada’s contribution to greenhouse gases, and points out climate change’s harmful impact on Indigenous communities. The young people allege their generations’ cultural heritage, homes, and hopes for the future are under threat if the government doesn’t change course.
The politics of climate change lawsuits have often been a challenge. Teens in the climate change lawsuit cannot vote yet, therefore are turning to the courts for change.
Parents and grandparents have also backed the 15 teens fighting for climate change in Canada.
The Times Colonist reports that the lawsuit is financially supported by the David Suzuki Foundation, the United States non-profit Our Children’s Trust and the Pacific Centre for Environmental Law and Litigation.
Oral arguments on the case are scheduled for later this year.
Do you think a judge should be able to force legislators to re-examine climate policies? Why or why not? Share your thoughts with us in the comments section below!
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One thought on Young Canadians Take Climate Change Case to the Court of Appeal
Add me,I really think the government should have a good hard look at the way our temperature and weather and seasons have changed,growing up in in the fifties and sixties we had four seasons and could count on what the weather would be like,now our seasons are so screwed up,just my opinion, from a 76 year old woman,but I do love my Canada, so please do something about climate change.