Carney government asks court to strike down climate litigation
The federal government is asking a court to toss out a high-profile environmental lawsuit, arguing it has no business directing Canada's climate policy.
Ottawa argues courts should not direct climate policy
David Thurton · CBC News
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The federal government is asking a court to toss out a high-profile environmental lawsuit, arguing that it's not required to update Canada's climate plan to meet national emissions reduction targets.
The government also says it's not the court's role to make or direct climate policy, and has filed a motion asking the court to strike the case before it goes to full hearings.
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 has eliminated key measures needed for Canada to achieve the 2030 target.
The lawsuit alleges that not updating the climate plan violates Canada's climate accountability act, formally known as the Canadian Net-Zero Emissions Accountability Act.
In its first major response on Aug. 14, the government pointed out to the court that the act states that "the Minister may amend an emissions target … or an emissions reduction plan."
In a legal document sent to the court, the government states 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 submission.
Ottawa also said Canada's courts don't make or direct climate policy.
"[The lawsuit] raises broad political and policy issues, these are beyond the Court’s institutional capacity to address," the government's legal submission states.
CBC asked the environment minister's office if this means the federal government will not update its 2030 climate plan.
"The Government of Canada is committed to fighting climate change and reaching net-zero emissions by 2050. As this matter is before the courts, we cannot comment further," said Keean Nembhard, a spokesperson for the minister.
WATCH | Climate groups take Carney government to court in June:
Carney’s taken a ‘wrecking ball’ to Canada’s climate progress plan: Environmental Defence
June 16|
Duration 1:34
Environmental groups are suing the Carney government to try and force the development of a climate plan they say will achieve Canada's legally binding climate targets. Environmental Defence Canada’s Julia Levin called Carney's recent decisions a 'deeply irresponsible and cynical way to govern.'Although the minister's office didn't say whether it will update its climate plan, the young people who launched the challenge are calling on the court to reject any calls to dismiss it.
"Canadians are living through the devastating reality of not having a meaningful plan to address climate change," said Marie Maltais in a statement. "Yet, at this critical moment, the government is fighting to throw our case out of court, while simultaneously moving ahead with fossil fuel expansion and rolling back key climate protections.”
Kyle Harrietha, who worked for a decade in several roles including as the chief of staff to the energy minister and parliamentary affairs director for the environment minister, believes the government should update its climate plan.
Harrietha helped shepherd the Canadian Net-Zero Emissions Accountability Act through Parliament in 2021, and now runs his own parliamentary consulting firm, DOPA Services.
"I'm not sure the government has unfettered discretion on this," Harrietha said. "I would say as someone who was in the room when this act was developed … that discretion was never intended to create a circumstance where the government would make major changes to its climate policy and then leave the plan unamended."
ABOUT THE AUTHOR
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
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