The federal government is seeking to dismiss a prominent environmental lawsuit, contending that there is no obligation to revise Canada’s climate plan to achieve national emissions reduction goals. They argue that it is not within the court’s jurisdiction to dictate climate policy and have requested the case be thrown out prior to full hearings.
In June, a lawsuit was initiated by three young individuals and two environmental organizations urging the Federal Court to compel Ottawa to modify its climate strategy. Since its inception in 2022, the Liberal government has removed essential measures crucial for Canada to reach the 2030 target.
The legal action asserts that the failure to update the climate plan breaches the Canadian Net-Zero Emissions Accountability Act. In a legal submission, the government highlighted that the act allows for amendments to emissions targets and reduction plans at the Minister’s discretion, emphasizing that the use of “may” does not mandate changes.
Additionally, the government emphasized that courts do not establish climate policy and stated that the lawsuit raises broader political and policy concerns beyond the court’s capacity. When questioned about updating the 2030 climate plan, the environment minister’s office emphasized the government’s commitment to combatting climate change and achieving net-zero emissions by 2050.
Despite the absence of confirmation on updating the climate plan, the individuals behind the lawsuit are urging the court to reject any attempts to dismiss it. They expressed concerns about the lack of a comprehensive plan to address climate change amidst the government’s stance on fossil fuel expansion and climate protection rollbacks.
Kyle Harrietha, who played a pivotal role in the development of the Canadian Net-Zero Emissions Accountability Act, believes the government should revise its climate plan. He emphasized that the discretion granted under the act was not intended to enable major policy changes without amending the plan.
