Anne Bucher  |  September 14, 2020

Category: Canada

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No planet B sign regarding the climate change lawsuit Canada

Canadian parents and grandparents have filed a motion supporting a climate change lawsuit filed by youth who accuse the federal government of failing to act on climate change.

The environmental advocacy group For Our Kids filed a motion to intervene in the youth climate change lawsuit Canada, hoping that their participation would help the case move forward.

“What the federal government is trying to argue right now is that this case should be stricken,” Alayne Moody, a mother and member of the Montreal chapter of For Our Kids, reportedly told VICE News. “We’re saying no, in the best interests of our children, we feel that this case should be considered.”

Alayne is concerned about how her two children will be affected by climate change.

“I’m not seeing the steps needed to ensure that their future is safe, healthy and secure from a climate perspective,” Alayne said. “I feel with every ounce of my being that something needs to be done.”

Climate Change Lawsuit: Youths’ Constitutional Rights Have Been Violated

A group of 15 Canadian youth initially filed the climate change lawsuit in October 2019, accusing the federal government of failing to take meaningful steps to prevent a climate crisis. They claim the federal government’s failure to act on climate change has violated their constitutional rights to life, liberty and security as outlined in the Canadian Charter of Rights and Freedoms.

“We’re basically asking for judicial protection from our government, which is an unimaginable shame,” said 18-year-old Albert Lalonde, who is one of the plaintiffs in the climate change lawsuit. “In a democracy, how are we finding ourselves … in this situation?”

Albert told VICE News that Canada has actually made the climate crisis worse by prioritizing economic development and business interests over policies that could reduce fossil fuel emissions.

“I feel as though I was betrayed by the system,” Albert said.

Youth Allegedly Face Disproportionate Harm from Climate Change

The plaintiffs allege that Canada is one of the top 10 releasers of greenhouse gas in the world and that the country continues to allow this high level of emissions despite knowing that greenhouse gases contribute to climate change.Kid protesting climate change regarding the climate change lawsuit Canada

“Serious harms from climate change are already occurring across Canada and are disproportionately harming children and youth,” the climate change lawsuit says.

“Because of their vulnerability and their age, these individuals and the generations of children and youth to follow will continue to bear a disproportionate share of the burden of climate change,” according to the climate change lawsuit Canada.

The climate change lawsuit is not asking the federal government for any financial compensation; instead, the teenage plaintiffs are asking Canada to implement a plan to reduce greenhouse gas (GHG) emissions “consistent with Canada’s fair share of the global carbon budget necessary to achieve GHG emissions reductions consistent with the protection of public trust resources subject to federal jurisdiction and the plaintiffs’ constitutional rights.”

“We want to have concrete solutions for what we are having to deal with in the present, but solutions that will also ensure us a safe future,” Albert explained.

The federal government reportedly announced in May that it would attempt to have the climate change lawsuit dismissed. It has previously argued to the court that the plaintiffs’ claims “fall well outside” the court’s jurisdiction.

Hearings have been scheduled for Sept. 30 and Oct. 1, at which point the court will determine whether the case will move forward to trial.

Youth Filing Climate Change Legal Challenges Around the World

Young people around the globe are filing legal challenges demanding their countries enact strong policies to protect citizens from the effects of climate change.

Climate change lawsuits are currently pending in the United States, Mexico and the Netherlands. Last September, Greta Thunberg and 15 other youth reportedly filed a complaint with the United Nations, accusing Argentina, Brazil, France, Germany and Turkey of violating their rights granted by the UN Convention on the Rights of the Child by failing to act on climate change.

Six Portuguese youth also recently filed a lawsuit at the European Court of Human Rights seeking to hold 33 countries accountable for their role in the climate crisis.

What do you think about this climate change Canada lawsuit? Should the government implement a plan to reduce greenhouse gas emissions? Tell us your thoughts in the comment section below! 

The plaintiffs are represented by Joseph J. Arvay, O.C., Q.C. and Catherine Boies Parker, Q.C. of Arvay Finlay LLP and Chris Tollefson and Anthony Ho of the Tollefson Law Corporation.

The Canada Youth Climate Change Lawsuit is Cecilia La Rose, et al. v. Her Majesty The Queen in Right of Canada, Case No. 1750-19, in the Federal Court of Canada.

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