Fifteen young Canadians will take the Federal Government to court in Vancouver
on 26 October, arguing that its climate policies
violate their constitutional rights
| Key
Points |
- Fifteen young Canadians allege that successive federal
governments have violated their Charter rights through
climate inaction.[1]
- The plaintiffs want the court to declare a breach of their
rights and order the government to produce a climate
recovery plan.[2]
- The plaintiffs, aged 17 to 24, include Kira Young, who
fled Yellowknife during the 2023 wildfire emergency.[3]
- Federal research found Canada had warmed nearly twice as
fast as the global average since 1970.[3]
- A Montana judge dismissed a comparable youth climate case
in October 2025, citing legal barriers to standing and
remedies.[4]
- In Australia, the Federal Court rejected a climate
duty-of-care claim brought by Torres Strait Islander elders
in 2025.[5]
|
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]
The
constitutional challenge
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]
Young
lives already affected
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]
Climate
science meets political reality
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?
A
growing international test
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.
The
Australian parallel
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.
References
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.
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