In a setback for the Carney administration, a federal court has declined to dismiss a climate lawsuit initiated by Canadian youth.
Justice Patrick Gleeson ruled in favor of the young plaintiffs and environmental supporters, who are urging the court to consider what could become a pivotal case regarding the federal government’s climate accountability legislation.
This ruling indicates that environmentalists will likely have their chance to present their arguments in court, where both sides will discuss whether the Carney government needs to revise its climate strategy, officially known as the Canadian Net-Zero Emissions Accountability Act.
In June, three young individuals along with two environmental organizations filed a lawsuit requesting the Federal Court to compel Ottawa to revise its climate plan.
Since its inception in 2022, the Liberal government led by Prime Minister Mark Carney has removed crucial elements necessary for Canada to meet its 2030 climate goals.
In August, the government’s legal team attempted to argue through a procedural motion that the act specifies that “the Minister may amend an emissions target … or an emissions reduction plan.”
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In their legal arguments submitted to the court, the government claimed that this line alone justified dismissing the lawsuit prior to any hearings.
“Interpreted in its plain and grammatical sense, the term ‘may’ clearly does not impose a requirement to amend,” the government stated in its August written submission.
However, the federal judge countered this assertion, emphasizing that in a legal context, “may” does not imply the same freedom under legislation designed to hold the Canadian government accountable for its climate actions.
“‘May’ necessitates considering the intent and purpose of the provision, its function within the legislative framework, and other pertinent contextual elements,” Gleeson wrote in his decision regarding the procedural motion.
An attorney representing the young plaintiffs views this as an early victory.
“Our clients were hopeful about their prospects,” stated Fraser Thomson, a staff lawyer at the environmental legal organization Ecojustice.
“The court has affirmed that this case should move forward. The time for postponement has passed, and our clients will act swiftly to progress this case.”
CBC News contacted the office of the environment minister for comments regarding the recent development in the case. A spokesperson’s emailed response closely resembled previous statements on the matter.
“The government of Canada is dedicated to combating climate change and achieving net-zero emissions by 2050,” said press secretary Amy Falkner. “As this issue is currently before the courts, we are unable to provide further comments.”