In an initial setback for the Carney administration, a federal court has declined to dismiss a climate lawsuit filed by Canadian youth. Justice Patrick Gleeson supported the young individuals and environmental advocates seeking a hearing on the federal government’s climate accountability legislation, potentially marking a significant case.
The ruling ensures that the environmentalists are likely to have their day in court, allowing both parties to present arguments on whether the Carney government must revise its climate plan, formally named the Canadian Net-Zero Emissions Accountability Act. Back in June, three young people and two environmental organizations initiated a lawsuit urging the Federal Court to compel Ottawa to adjust its climate strategy.
Since its inception in 2022, the Liberal government led by Prime Minister Mark Carney has removed essential measures crucial for Canada to meet the 2030 target. In August, the government’s legal team attempted to use a procedural motion to argue that “the Minister may amend an emissions target … or an emissions reduction plan” according to the act.
The government contended that this provision alone justified dismissing the lawsuit without a hearing. However, the federal judge disagreed, emphasizing that in a legal context, the term “may” does not grant the same discretion in an act designed to hold the Canadian government accountable for its climate actions.
A lawyer representing the young applicants viewed this as an early victory, expressing optimism about their prospects. Fraser Thomson, a staff attorney at the environmental law charity Ecojustice, noted the court’s decision to allow the case to move forward promptly.
When contacted for a response on the latest developments in the case, the environment minister’s office reiterated the government’s commitment to combating climate change and achieving net-zero emissions by 2050. Due to the ongoing legal proceedings, further comments were withheld.
[Source](https://www.cbc.ca/news/politics/climate-litigation-carney-government-9.7352294)