Youth Climate Lawsuit Against Canadian Climate Policy Can Go To Trial
A federal appeals court in Canada breathed new life into a youth-led constitutional climate lawsuit against the Canadian government, allowing it to proceed towards trial on a narrower scope and partially reversing the trial court’s ruling that the entire case should be tossed.
In its opinion issued on December 13, Canada’s Federal Court of Appeal determined that one part of the legal claims asserted in the case was viable and that a trial would help assess whether that claim violates the constitution. Initially filed in 2019 by 15 young Canadians, La Rose v. His Majesty the King alleges Canada’s policies and actions that perpetuate fossil fuels and worsen the climate crisis amount to violations of youths’ fundamental rights under the Canadian Charter of Rights and Freedoms.