The federal government is seeking the dismissal of a prominent environmental lawsuit by asserting that it is not obligated to revise Canada’s climate strategy to align with national emissions reduction goals. They maintain that it is not within the court’s jurisdiction to establish or guide climate policies and have formally requested the court to reject the case before it proceeds to full hearings.
In June, a lawsuit was initiated by three young individuals and two environmental organizations, urging the Federal Court to mandate Ottawa to adjust its climate plan. The Liberal government has, since its inception in 2022, removed crucial measures essential for Canada to reach the 2030 target, as per the allegations in the lawsuit.
The lawsuit argues that the failure to update the climate plan breaches Canada’s climate accountability act, officially referred to as the Canadian Net-Zero Emissions Accountability Act. The government’s initial response on August 14 highlighted that the act allows the Minister the discretion to amend emissions targets or reduction plans, which, according to the government’s legal documents, is a basis for dismissing the lawsuit outright.
The government emphasized that the term “may” in the act does not impose an obligation to amend the plan, as stated in its ordinary and grammatical sense. Additionally, the government clarified that the courts in Canada do not formulate or direct climate policies, citing that the lawsuit raises broad political and policy matters beyond the court’s scope.
In response to inquiries about updating the 2030 climate plan, the environment minister’s office affirmed the government’s commitment to combat climate change and achieve net-zero emissions by 2050. However, due to the ongoing legal proceedings, further comments were withheld.
Despite this stance, the young individuals contesting the case are urging the court to resist any attempts to dismiss it. Marie Maltais expressed concern over the lack of a substantial plan to address climate change, criticizing the government for pursuing fossil fuel expansion and reversing crucial climate safeguards during this critical period.
Kyle Harrietha, a former government official involved in the development of the Canadian Net-Zero Emissions Accountability Act, believes that the government should update its climate plan. Harrietha, who played a pivotal role in shepherding the act through Parliament, emphasized that the discretion granted was not intended to allow significant alterations to climate policy without amending the plan accordingly.