The federal government is seeking the dismissal of a prominent environmental lawsuit, asserting that there is no obligation to revise Canada’s climate plan to align with national emissions reduction goals. The government argues that it is not within the court’s jurisdiction to dictate climate policy and has filed a motion to have the case dismissed prior to full hearings.
In June, a lawsuit was initiated by three young individuals and two environmental organizations, urging the Federal Court to mandate Ottawa to modify its climate strategy. Since its inception in 2022, the Liberal government has removed crucial measures essential for Canada to meet the 2030 target.
The lawsuit claims that failing to update the climate plan breaches Canada’s climate accountability legislation, officially known as the Canadian Net-Zero Emissions Accountability Act. In its initial significant response on August 14, the government highlighted that the act allows for the Minister to amend emissions targets or reduction plans.
In a legal filing to the court, the government emphasized that the use of the term “may” in the act does not impose an obligation to amend. Additionally, Ottawa stated that courts in Canada do not establish or direct climate policy, as indicated in its legal submission.
When questioned by CBC about the potential update to the 2030 climate plan, a spokesperson for the environment minister reiterated the government’s commitment to combatting climate change and achieving net-zero emissions by 2050. Due to the ongoing legal proceedings, further comments were declined.
Despite the lack of confirmation regarding the plan update from the minister’s office, the individuals behind the lawsuit are advocating for the court to reject any attempts to dismiss it. Expressing concerns over the government’s stance, they highlighted the pressing need for a robust climate plan to address the current environmental challenges.
Kyle Harrietha, with prior experience in various government roles related to climate policy, emphasized the importance of updating the climate plan. He played a key role in the development of the Canadian Net-Zero Emissions Accountability Act and believes that the government should not have unchecked discretion in making significant changes to climate policy without amending the plan accordingly.