NSCL Climate Change Litigation

In the Reference re Greenhouse Gases (“Carbon tax”) case, the Supreme Court of Canada stated that climate change presents “an existential challenge, a threat of the highest order to the country, and to the future of humanity which cannot be ignored”.

And yet, governments are often reluctant to take stringent measures to combat climate changes where the burden falls on the current generation of voters. It is far easier to pass the issue onto future generations.

The question at the heart of climate change litigation is whether it is lawful for governments to sit on their hands and do nothing, or prescribe half-hearted measures, in response to climate change.

Over the past decade there has been an explosion of climate change litigation initiated by indigenous peoples, youth and environmental action groups around the world seeking to force governments to take effective action.

Climate change litigation has been occurring in Canada too - with mixed results. However with the recent decision of the Federal Court of Appeal in La Rose v. Canada, 2023 FCA 241 (CanLII) we may be seeing a significant change in the law.