The federal government is seeking to dismiss a prominent environmental lawsuit by arguing that it is not obligated to revise Canada’s climate strategy 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 requested the case be thrown out before proceeding to full hearings. In June, three youths and two environmental organizations initiated legal action urging the Federal Court to compel Ottawa to adjust its climate plan.
Since its inception in 2022, the Liberal administration has done away with crucial measures necessary for Canada to meet the 2030 target. The lawsuit contends that the failure to update the climate plan violates the Canadian Net-Zero Emissions Accountability Act. In a formal response on August 14, the government highlighted that the act allows the Minister to modify emissions targets or reduction plans. The government argues that the use of the term “may” in the legislation does not impose an obligation to make amendments.
The government emphasized that Canadian courts do not dictate climate policy and stated that the lawsuit raises broad political and policy matters beyond the court’s scope. When questioned by CBC regarding the government’s stance on updating the 2030 climate plan, a spokesperson for the minister affirmed the government’s commitment to combatting climate change and achieving net-zero emissions by 2050 but refrained from further elaboration due to the ongoing legal proceedings.
While the government did not disclose its intentions regarding the climate plan update, the young plaintiffs are urging the court to reject any attempts to dismiss the case. Marie Maltais expressed concern over the lack of a comprehensive plan to address climate change amidst the government’s push for fossil fuel expansion and scaling back of climate safeguards. Kyle Harrietha, a former government official involved in passing the Net-Zero Emissions Accountability Act, believes the government should revise its climate plan to align with the legislation’s intent.