Anadolu Agency reported that a Federal Court trial began in Vancouver Monday, Oct. 26, as 15 young plaintiffs argue Canada’s climate framework violates their Charter rights, putting federal emissions policy under judicial scrutiny.
In a further amended statement of claim filed Jan. 13, 2025, the plaintiffs challenge the Canadian Net-Zero Emissions Accountability Act, or Net-Zero Act, and the 2030 Emissions Reduction Plan. They argue the framework leaves Canada on an emissions path that violates Section 7 of the Charter of Rights and Freedoms, which protects life, liberty and security of the person.
The plaintiffs want the court to find that the Act and plan breach their rights and order the government to create and carry out a climate recovery plan. They allege climate change threatens their health, development and survival, affects choices such as where they live and whether they take part in cultural activities, and places a disproportionate burden on young people.
Canada’s amended statement of defence, filed March 31, 2025, disputes the claim. The government argues that legal precedent does not establish the positive constitutional duty the plaintiffs assert, contests a causal link between the challenged measures and the alleged harms, and says any rights deprivation meets the requirements of fundamental justice.
The case was filed in 2019. On Oct. 27, 2020, the Federal Court granted the government’s motion to strike the claim without leave to amend. In 2023, the Federal Court of Appeal allowed the plaintiffs to revise their Section 7 claim while leaving in place the dismissal of separate equality and public trust claims.
