Canada's government moves to dismiss youth climate lawsuit, citing legislative limits

The Liberal government has submitted a legal brief requesting that a federal court dismiss a high-profile environmental case brought by three young Canadians and two advocacy groups. The suit asks the court to order an amendment of the 2022 climate plan, alleging it breaches the Canadian Net-Zero Emissions Accountability Act. Ottawa counters that the Act’s wording, specifically the word “may,” does not impose an obligation to update the plan and that judicial bodies lack authority to direct climate policy.

The government’s filing seeks to have the case struck before a full hearing. While a spokesperson for the environment minister reiterated Canada’s commitment to net-zero emissions by 2050, no comment was given on whether the plan will be revised. The plaintiffs argue that Canadians are suffering from an inadequate climate strategy as the government proceeds with fossil-fuel projects and rolls back protections. Former senior staffer Kyle Harrietha warned that the legislation was not intended to grant unrestricted discretion to the government.