The federal government is urging a court to dismiss a prominent environmental lawsuit, contending that there is no obligation to revise Canada’s climate plan to align with national emissions reduction goals. The government asserts that it is not within the court’s purview to dictate climate policy and has filed a motion requesting the case be struck down before proceeding to full hearings.
In June, a lawsuit was initiated by three young individuals and two environmental organizations, seeking a court order for Ottawa to revise its climate plan. Notably, the Liberal government has removed crucial measures necessary for Canada to meet the 2030 target since the plan’s inception in 2022.
The lawsuit argues that the failure to update the climate plan breaches Canada’s climate accountability act, known as the Canadian Net-Zero Emissions Accountability Act. The government’s initial legal response on Aug. 14 highlighted that according to the act, “the Minister may amend an emissions target … or an emissions reduction plan,” indicating that there is no mandatory requirement to amend.
Emphasizing that Canadian courts do not establish climate policy, the government’s legal submission stated that the lawsuit raises broad political and policy matters beyond the court’s jurisdiction. When questioned about potential updates to the 2030 climate plan, the environment minister’s office reiterated the government’s commitment to combatting climate change and achieving net-zero emissions by 2050.
Despite the lack of confirmation on updating the climate plan, the young plaintiffs are urging the court to reject any attempts to dismiss the case. Marie Maltais expressed concerns about the government’s actions amid ongoing fossil fuel expansion and climate protection rollbacks. Kyle Harrietha, who played a pivotal role in advancing the Canadian Net-Zero Emissions Accountability Act, believes the government should revise its climate plan, citing the act’s original intent to prevent significant policy changes without amendments.