Carney government dealt an early blow in climate litigation

Carney government dealt an early blow in climate litigation

Environmental lawsuit likely to proceed, against federal government's wishes

In an early loss for the Carney government, a federal court refused to strike down a climate lawsuit brought by Canadian youth.

Justice Patrick Gleeson sided with the young people and the environmental advocates who are asking the court to hear what could be a landmark case on the federal government's climate accountability legislation.

The ruling means the environmentalists will likely get their day in court where both they and the government will get an opportunity to argue whether the Carney government must update its climate plan, formally known as the Canadian Net-Zero Emissions Accountability Act.

Back in June, three young people and two environmental groups launched a lawsuit asking the Federal Court to order Ottawa to amend its climate plan.

Since the plan was first launched in 2022, the Liberal government under Prime Minister Mark Carney has eliminated key measures needed for Canada to achieve the 2030 target.

In August, the government's lawyers through a procedural motion attempted to argue the act states that "the Minister may amend an emissions target … or an emissions reduction plan."

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In legal arguments written to the court, the government stated that line alone is grounds to dismiss the lawsuit before the first hearing.

"Read in its ordinary and grammatical sense, the use of the word 'may' clearly does not impose any obligation to amend," the government said in its written submission in August.

But the federal judge rebuked that argument, noting in a legal context "may" doesn't carry the same discretion under an act aimed at holding the Canadian government accountable for its actions on the climate file.

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"'May' requires a consideration of the meaning and purpose of the provision, its role in the legislative scheme and other relevant contextual factors," Gleeson wrote in his ruling on the procedural motion.

A lawyer for the youth applicants sees this as an early win.

"Our clients were optimistic about their chances," said Fraser Thomson, a staff lawyer at the environmental law charity Ecojustice.

"The court has confirmed that this case should proceed. The time for delay is over and our clients will move as expeditiously as possible to advance this case."

CBC News reached out to the environment minister's office for a response to the latest development in the case. A spokesperson's email statement differed little from previous ones on the case.

“The government of Canada is committed to fighting climate change and reaching net-zero emissions by 2050," said press secretary Amy Falkner. "As this matter is before the courts, we cannot comment further.”

Senior reporter, Parliamentary Correspondent

David Thurton is a senior reporter in CBC's Parliamentary Bureau. He covers daily politics in the nation’s capital and specializes in environment and energy policy. Born in Canada but raised in Trinidad and Tobago, he’s moved around more times than he can count. He’s worked for CBC in several provinces and territories, including Alberta and the Northwest Territories. He can be reached at david.thurton@cbc.ca