The federal government is seeking the dismissal of 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 to have the case 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 mandate Ottawa to adjust its climate blueprint. The Liberal government has scrapped essential 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, officially known as the Canadian Net-Zero Emissions Accountability Act. In its initial substantial response on August 14, the government highlighted that the act permits the Minister to modify emissions targets or reduction plans.
In a legal submission to the court, the government contends that the use of the term ‘may’ in the act does not impose an obligation to amend. Additionally, the government emphasized that Canadian courts do not formulate or direct climate policy, stating that the lawsuit raises broad political and policy matters beyond the court’s capacity.
When questioned by CBC regarding potential updates 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. As the issue is sub judice, further comments were withheld.
Despite the lack of clarity on future plan updates from the minister’s office, the litigants are urging the court to reject any attempts to dismiss the case. Expressing concern over the absence of a robust climate strategy, Marie Maltais emphasized the government’s simultaneous push for fossil fuel expansion and reduction of critical climate safeguards.
Kyle Harrietha, who played a pivotal role in advancing the Canadian Net-Zero Emissions Accountability Act and now operates a parliamentary consulting firm, believes that the government should revise its climate plan. Drawing from his involvement in the act’s development, Harrietha expressed skepticism about granting the government unchecked discretion to enact significant climate policy changes without corresponding plan amendments.
