Update on Canadian youths’ lawsuit against government over climate inaction

Helix is sharing an update on the Canadian youths’ lawsuit against the government over climate inaction.

Today (Monday, October 26th), trial hearings commence in Vancouver — 7 years after the lawsuit was initially filed.

History of the youths’ lawsuit against Canadian government

Legal case name: La Rose v. His Majesty the King

Summary: La Rose v. His Majesty the King is a historic lawsuit, currently in the trial hearings stage, brought forth by 15 youth in October 2019. The lawsuit challenges the Canadian federal government, stating that its climate inaction violates their Charter rights.

Charter violations: Rights to life, liberty and security of the person. The youth argue that the government’s Net-Zero Emissions Accountability Act does not align with a safe and livable future, nor with what scientists deem necessary to prevent concerning climate change impacts.

Case history: 

• First filed in October 2019
• Initially dismissed by the Federal Court
• Returned for a full hearing from the Federal Court of Appeal
• Currently in trial hearings in Vancouver, B.C. — youth plaintiffs and eight expert witnesses will be testifying in first two of the five weeks.
• After hearing from government witnesses, the trial hearings will pause. Both parties will return for closing arguments in February 2027.

To be determined: Does Section 7 of the Charter (guaranteeing life, liberty and security) place a positive obligation on the government? Does this require the government to protect Canadians from climate hazards by enacting laws or other actions in anticipation?

Significance & impact of youths’ lawsuit over government climate inaction

The first federal youth-led climate trial in Canada, La Rose v. His Majesty the King is constantly referred to as “landmark” or “historic.”

According to legal experts, this precedent-setting and important case may force politicians to acknowledge that improper climate policies are contributing to environmental concerns that violate Charter health and safety rights.

According to the legal advocacy group Our Children’s Trust supporting the youth plaintiffs, a ruling in favour of the plaintiffs would force the government to execute a binding climate protection plan.

Further reading on youth and climate change

Helix is currently conducting a research project surrounding youths’ attitudes toward climate change. Stay tuned to check out our findings!