on 26 October, arguing that its climate policies violate their constitutional rights
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In the summer of 2023, as wildfires threatened Yellowknife, Kira Young packed the family car and headed south.
The evacuation order covered almost all of the city's 20,000 residents.
Three years later, Young, now 20, is preparing to confront the Canadian Government over the climate policies she believes are putting her generation at risk.[3]
Young is one of 15 plaintiffs in La Rose v His Majesty the King, a landmark challenge alleging that successive federal governments have breached their obligations under the Canadian Charter of Rights and Freedoms.
The constitutional case begins in Vancouver on 26 October, with hearings expected to run for about five weeks.[6]
At the heart of the case is section 7 of the Charter, which protects the right to life, liberty and security of the person.
The young plaintiffs argue that the federal government's contribution to climate change threatens those rights. They come from seven provinces and one territory.[1]
Their challenge extends beyond emissions targets. They also question federal support for fossil fuel industries and policies they say are inconsistent with the best available climate science. They want the court to declare that the government has violated their rights and require it to develop a climate recovery plan. The pretrial exchange of documents and expert evidence reportedly continued until January 2026.[2]
The government has fought the case from the outset. Federal lawyers argued that the claims were non-justiciable, meaning they were matters the courts could not properly decide. In October 2020, Federal Court Justice Michael Manson struck out the claim. The plaintiffs appealed, keeping their challenge alive.[2]
In December 2023, the Federal Court of Appeal unanimously ruled that the case could proceed to trial on the section 7 claim. Lawyers for the plaintiffs expect closing arguments during the week beginning 22 February 2027. The Vancouver hearing is scheduled to open at 9.30am on Monday 26 October.[1][6]
The plaintiffs are now between 17 and 24 years old. For many, climate change is not an abstract debate about future risks. Their accounts describe the disruption already caused by extreme heat, wildfires, flooding and other forms of severe weather.[7]
Some have watched floods damage family homes or extreme weather destroy crops. Others have endured smoke-filled summers, concerns about contaminated water and the erosion of cultural heritage and traditional ways of life.
Their case argues that the damage reaches beyond property and the environment, affecting physical health, psychological wellbeing and the freedom to make decisions about their futures.[7]
Lauren Wright, 22, wants governments to be held accountable when they miss emissions targets and then invoke competing priorities to explain their failure. She argues that the extreme events intensified by rising temperatures cannot simply become a recurring feature of young people's lives.[3]
Albert Lalonde, 24, describes the difficulty of planning an adult life against the prospect of environmental collapse. Young, meanwhile, believes climate change remains a challenge Canadians can still address. Her experience of fleeing Yellowknife, after an 18-hour drive south with her family, gives that conviction a personal dimension.[3]
In its 2020 defence, the federal government acknowledged that climate change is real and has significant effects on Canada. The legal dispute is therefore not simply about whether the threat exists. It is about the government's responsibility for addressing it and whether its actions expose young people to an unacceptable risk.[2]
The case arrives as Canada confronts mounting evidence of a rapidly changing climate. A federal report released in September found that the country had warmed nearly twice as fast as the global average since 1970.
Wildfires have burned record areas in recent years, while smoke from Canadian fires has travelled far beyond the affected regions. In the summer of 2026, that smoke briefly left Toronto with the world's worst air quality, according to the cited report.[3]
At the same time, Canada's political direction has shifted. Prime Minister Mark Carney supports expanding oil production as part of an effort to reduce the country's economic dependence on the United States. He has also acknowledged that the emissions targets set by his predecessor, Justin Trudeau, cannot be achieved. Lalonde sees the shift as a retreat, saying Canada is “literally going back to the 1970s”.[3]
Canada's climate accountability framework was established in 2021 through the Canadian Net-Zero Emissions Accountability Act. The legislation requires emissions targets, detailed plans and regular progress reports. Canada's 2030 target is to reduce emissions by 40 to 45 per cent below 2005 levels.[8]
The legislation is now the focus of a separate legal challenge. In June 2026, Sophia Mathur, Marie Maltais and Shirley Barnea took the Carney government to federal court, arguing that its climate policy rollbacks breach the Act.
The Canadian Climate Institute projects that Canada's emissions in 2035 will exceed the level required by the net-zero pathway by 91.9 million tonnes.[8]
Together, the cases raise a difficult question for governments that legislate climate targets but struggle to meet them: what practical accountability follows when promised action falls short?
The Canadian proceedings form part of a wider wave of climate litigation aimed at holding governments to account. In 2024, the European Court of Human Rights ruled in favour of a group of older Swiss women who argued that Switzerland had failed to do enough to protect them from climate change.
In 2025, the International Court of Justice issued an advisory opinion on states' obligations under international law to protect the climate system for present and future generations.[3]
The outcomes, however, have been far from uniform. In October 2025, Montana federal judge Dana Christensen dismissed Lighthiser v Trump, a youth-led challenge to President Donald Trump's executive orders supporting fossil fuels.
The judge described climate change as a health emergency for children but concluded that the plaintiffs lacked standing, the legal right to bring the case. Several had previously been involved in the Juliana climate litigation.[4]
Christensen also ruled that the court lacked authority to grant the remedies the young plaintiffs sought. The hearing had included testimony from youth plaintiffs and six expert witnesses, but the judge accepted the federal government's arguments on both standing and the limits of judicial power.[4]
The Canadian case began in October 2019, when the 15 young people filed their claim just hours before Greta Thunberg was due to address a climate strike in Vancouver. The filing came a month after Thunberg and 15 other children lodged a complaint with the UN Committee on the Rights of the Child, challenging governments' failure to act adequately on climate change.[9]
The contrast between the European, international and American proceedings highlights the legal uncertainty surrounding climate accountability. Courts may accept that climate change threatens human health and fundamental rights yet disagree about whether, and how, judges can compel governments to change policy.
Australia has already confronted a related question through the case brought by Torres Strait Islander elders Uncle Pabai Pabai and Uncle Paul Kabai. They sued the Commonwealth in negligence, arguing that the government owed them a duty of care in relation to climate change and the threats facing their communities. The Federal Court dismissed their class action in 2025.[5]
The court found that the Commonwealth's control over national emissions targets did not establish the duty of care the elders claimed. It also identified difficulties in proving a direct connection between emissions and the particular damage suffered by the islands.
Law firm Burges Salmon has described the litigation as a landmark challenge to national climate policy, rather than to an individual development project.[5]
Australia now has a legislated target to cut emissions by 62 to 70 per cent below 2005 levels by 2035. Yet the government's own projections indicate that current policies would deliver a reduction of only 48 per cent by that year. Projected cumulative emissions for 2031 to 2035 would exceed the relevant emissions budget by 20 to 34 per cent.[10]
The Canadian and Australian cases use different legal routes. The Canadian plaintiffs are relying on constitutional rights, while the Torres Strait elders pursued a negligence claim. Both, however, confront the problem of turning the government's responsibility for climate policy into a legal obligation that courts can enforce.
The Vancouver trial will test whether a government can be held constitutionally accountable for climate policies that young people say threaten their lives, health and future choices. At stake is not only the record of successive Canadian governments, but also the extent to which courts can intervene when political commitments fail to match the scale of the climate threat.
International decisions offer no settled answer. European and international rulings have recognised significant state responsibilities, while the Montana case demonstrates the procedural and constitutional obstacles that can defeat even a strongly argued youth challenge.
For Australia, the implications are particularly relevant. The Torres Strait elders' negligence case failed, while current emissions projections point to a substantial gap between national policy and the 2035 target.
Whether the Canadian plaintiffs can establish a constitutional remedy may help shape the wider debate over how governments are held accountable for climate promises they make but do not deliver.
1. Unanimous Federal Court of Appeal decision paves path to trial for youth-led climate case (Pacific Centre for Environmental Law and Litigation). Summarises the December 2023 appeal ruling that allowed the La Rose case to proceed to trial under section 7.
2. La Rose v. His Majesty the King (Climate Case Chart). Provides the case history, the plaintiffs' claims, the federal government's defence and the trial arrangements.
3. Young Canadians sue government over alleged climate failures (AFP via eNCA, 6 October 2026). Reports on the plaintiffs, Canada's warming trends, political developments and international climate litigation.
4. Montana Court Dismisses Youth-led Lawsuit Challenging Trump Executive Orders Boosting Fossil Fuels (Inside Climate News, 16 October 2025). Examines Judge Christensen's reasons for dismissing Lighthiser v. Trump.
5. Pabai Pabai: an analysis of a landmark judgment (Burges Salmon). Analyses the Federal Court's decision rejecting the Torres Strait Islanders' duty-of-care claim.
6. Youth v. Canada: Trial Headquarters (Our Children's Trust). Provides the trial schedule, including the 26 October start date, expected hearing period and anticipated closing arguments in February 2027.
7. The plaintiffs (West Coast Environmental Law). Profiles the young plaintiffs and the climate-related harms they describe.
8. Youth taking Carney government to court over alleged illegal climate rollbacks (The Pointer, 19 June 2026). Covers the separate legal challenge to Canada's climate policy rollbacks and the country's emissions targets.
9. 15 Canadian Kids Sue Their Government for Failing to Address Climate Change (Inside Climate News, 25 October 2019). Documents the original filing and its timing alongside Greta Thunberg's climate activism and child-rights complaint.
10. Australia's emissions projections 2025 (Department of Climate Change, Energy, the Environment and Water). Provides official projections of Australia's emissions against its 2030 and 2035 targets.





