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Youth Climate Trial Against Canada Begins in Vancouver

The court will determine whether the Charter’s Section 7 creates a judicial duty for the government to take proactive measures to protect people from climate harms.

Overview

  • The trial, which opened Monday in Vancouver, follows a seven-year legal fight that began with a 2019 lawsuit by 15 young Canadians who say government inaction threatens their right to life, liberty and security.
  • The plaintiffs focus on the 2021 Net‑Zero Emissions Accountability Act and the government’s 2030 emissions plan and ask the court to declare those policies inconsistent with a safe, livable future and to order a new science-based climate plan subject to judicial review.
  • The five-week schedule has all 15 youths and their witnesses testifying in the opening weeks, with eight plaintiff experts including two former IPCC lead authors and the government due to call four experts later, then a pause and closing arguments in February.
  • Ottawa says it does not dispute climate science, has reaffirmed a net-zero-by-2050 commitment, and argues the suit is overly broad or improperly asks courts to resolve political questions.
  • Legal experts say a ruling that Section 7 imposes a positive government obligation would be a major constitutional shift, could spur similar cases abroad, and would almost certainly be appealed if either side loses.