The federal government is seeking to have a prominent environmental lawsuit dismissed, contending that it is not obligated to revise Canada’s climate strategy to align with national emissions reduction goals. They argue that it is not within the court’s purview to dictate climate policy and have filed a motion to have the case thrown out before proceeding to full hearings.
Back in June, three youths and two environmental organizations initiated legal action urging the Federal Court to compel Ottawa to adjust its climate plan. The Liberal government has removed crucial components necessary for Canada to meet the 2030 target since the plan’s inception in 2022.
The lawsuit claims that the failure to update the climate plan breaches Canada’s climate accountability act, formally known 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 filing submitted to the court, the government argues that this provision alone warrants the dismissal of the lawsuit without a full hearing. They state, “Interpreted in its standard and grammatical sense, the use of the term ‘may’ clearly does not impose any obligation to make amendments.”
Additionally, Ottawa emphasized that Canadian courts do not establish or guide climate policy. The government’s legal submission asserts that “[The lawsuit] raises broad political and policy issues, which are beyond the Court’s institutional capacity to address.”
When asked by CBC if this implies that the federal government will not update its 2030 climate plan, Keean Nembhard, a spokesperson for the minister, responded, “The Government of Canada is committed to combating climate change and achieving net-zero emissions by 2050. As this matter is before the courts, we cannot provide further comments.”
Despite the minister’s office refraining from confirming whether they will update the climate plan, the young individuals who instigated the lawsuit are urging the court to reject any attempts to dismiss it. Marie Maltais stated, “Canadians are experiencing the harsh reality of lacking a substantial plan to tackle climate change. Yet, at this crucial juncture, the government is pushing to have our case dismissed, while simultaneously progressing with the expansion of fossil fuels and scaling back vital climate safeguards.”
Kyle Harrietha, who played a key role in shepherding the Canadian Net-Zero Emissions Accountability Act through Parliament in 2021, advocates for updating the climate plan. Drawing from his experience, he expressed, “I’m uncertain whether the government has unrestricted discretion in this matter. I firmly believe that the discretion was never intended to allow the government to make significant changes to its climate policy and then neglect to amend the plan.”
