The government has requested a court to dismiss a prominent environmental lawsuit, asserting that it is not obligated to revise Canada’s climate strategy to align with national emissions reduction goals. They have also argued that it is not within the court’s jurisdiction to dictate climate policies and have filed a motion to have the case dismissed before full proceedings.
In June, a lawsuit was initiated by three young individuals and two environmental organizations, urging the Federal Court to compel Ottawa to modify its climate plan. Since its inception in 2022, the Liberal government has removed crucial measures necessary for Canada to meet the 2030 target. The lawsuit contends that the failure to update the climate plan violates Canada’s climate accountability act, formally referred to as the Canadian Net-Zero Emissions Accountability Act.
In its initial significant response on August 14, the government highlighted to the court that the act specifies that “the Minister may amend an emissions target … or an emissions reduction plan.” In a legal submission to the court, the government argued that this provision alone justifies the dismissal of the lawsuit before the commencement of hearings. They emphasized that the word ‘may’ in the act does not impose an obligation to amend.
Ottawa also emphasized that Canada’s courts do not formulate or direct climate policies. The government stated in its legal submission that the lawsuit raises wide-ranging political and policy matters that surpass the court’s institutional capabilities. When questioned by CBC, the environment minister’s office refrained from confirming whether the federal government plans to update its 2030 climate plan, stating that they are committed to combatting climate change and achieving net-zero emissions by 2050, but cannot provide further comments due to the ongoing legal proceedings.
Despite the lack of clarity on the government’s stance regarding the climate plan update, the young challengers are urging the court to reject any attempts to dismiss the case. Marie Maltais expressed concerns over the government’s decision to fight the case’s dismissal while simultaneously advancing fossil fuel expansion and rolling back essential climate safeguards. Kyle Harrietha, who played a key role in developing the Canadian Net-Zero Emissions Accountability Act, believes that the government should update its climate plan, emphasizing that the act was not intended to enable significant changes to climate policy without amending the plan.