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A judge has thrown out a climate change lawsuit launched against Canada by a group of teenagers accusing the government of contributing to greenhouse gas emissions and threatening the lives of younger generations.
Climate Change Threatens Future, Teens Say
Fifteen teen plaintiffs from across Canada were involved in the climate change lawsuit against the government. Collectively, the teens all describe similar negative effects of climate change on their mental, physical, and social wellbeing.
The teens have all described the effects of climate change, including devastating weather events, warming ocean temperatures, deterioration of natural resources, and pollution, and they fear the effects on the environment will negatively change their futures, says the lawsuit.
The teens’ climate change lawsuit focuses on Canada’s contribution to greenhouse gases. Greenhouse gas emissions have been linked to the overall impacts of climate change.
Climate change affects not only the environment, but the lawsuit points out emissions can have a serious impact on Indigenous communities.
In the teens’ climate change lawsuit, they allege their generations’ cultural heritage, homes, and hopes for the future will be threatened by the impacts of climate change in Canada.
Lawyers and the teens have emphasized in the court documents how climate change directly affects younger generations because of their stage of development and a larger risk of exposure.
The teens and the Canadian government both agree that climate change is a measurable and authentically valid concern, says the lawsuit.
However, on Oct. 27, 2020, a judge ruled against the teens and their climate change claims.
Teens Allege Canada Breached Rights, Contributed to Climate Change
The teens’ climate change lawsuit was initially filed on Oct. 25, 2019, accusing the Canadian government of contributing to greenhouse gas emissions. 
The government of Canada is also accused of breaching their present and future Charter rights under sections 7 and 15 by continuing to contribute to emissions, and by failing to use best practices to reduce emissions.
The lawsuit says the Canadian government is actively supporting the use of fossil fuels that create emissions.
While the lawyers in the climate change lawsuit gave their best efforts to focus on the science behind the damages of greenhouse gas emissions, the lawsuit has been ruled unjustifiable in court, due to the politics muddying the waters.
Teens’ Climate Change Lawsuit Ruled Too Political
Justice Michael D. Manson refused to allow the teens’ climate change lawsuit to see its day in court. The judge 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.”
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.
Although the judge determined the climate change lawsuit was too political to continue, the teens’ lawyers say the lawsuit is firmly based on science. The teens were hoping for the Canadian government to create a plan to reduce greenhouse gas emissions.
The Canadian government challenged the teens’ requests and asked for the court to toss the case and not allow it to go to trial. The judge agreed with Canada because the government’s actions involved with climate change are too broad and therefore the case would be difficult to justify.
The judge’s decision wrote, “the diffuse nature of the claim that targets all conduct leading to GHG emissions cannot be characterized in a way other than to suggest the Plaintiffs are seeking judicial involvement in Canada’s overall policy response to climate change.”
One of the plaintiffs in the teens’ climate change lawsuit reportedly responded to the ruling saying in part, “I am incredibly disheartened by the court’s ruling. As a young Canadian whose rights are being violated, having the court grant the government’s motion to strike is very upsetting, and I feel that my rights to a safe and healthy future are not being taken seriously by those in power.”
The teens and lawyers in the climate change lawsuit are planning to appeal the judge’s ruling.
Do you think the teens’ climate change lawsuit should have its day in court? Why or why not? Share your thoughts with us in the comments section below!
The teens are represented by Catherine Boies Parker and Joseph J. Arvay of Arvay Finlay LLP, and Anthony Ho and Christopher Tollefson of Tollefson Law Corporation.
The Teens’ Climate Change Lawsuit is Cecilia La Rose, et al. v. Her Majesty the Queen in Right of Canada, et al., Case No. T-1750-19, in The Supreme Court of British Columbia, Canada.
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One thought on Teens’ Climate Change Lawsuit Against Canada Thrown Out
I applaud the young people who filed a class action lawsuit against the government for not taking climate change seriously, despite the overwhelming scientific evidence we have been in a climate change crisis for years. All the symptoms of human caused climate change are present and it’s time for people to wake up and realize the world is on a slippery slope in regards to the dangers both the young people and all people face as our only planet is degrading at a disturbingly faster pace. All of this, I’m confident, will be articulated by the lawyers on behalf of the teens and inform all others this is no joke. It is past due that a worldwide effort be employed now in order to hold any temperature increases that are anticipated in the near future. I wish the young people well and I hope they succeed in their efforts.