The group argues Canada’s contribution to climate change violates their rights to life, liberty, and security.
The Federal Court of Canada has confirmed that a youth-led climate lawsuit launched five years ago will proceed to trial in 2026 in Vancouver.
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The 15 youth, who were between 10 and 19 years old when the suit was filed in 2019, argue that inaction on climate change is threatening their future.
The case — La Rose v. His Majesty the King — argues that the youth are already being harmed by climate change and the federal government is violating their rights to life, liberty and security of the person under section 7 of Canadian Charter of Rights and Freedoms for failing to protect essential public trust resources.
In 2020, Federal Court Judge Michael Manson dismissed the lawsuit for failing to state a reasonable cause of action, stating that the case did not have a “prospect of success.” He said government actions that contribute to climate change are too broad for the courts.
The youth then appealed, with lawyer Chris Tollefson arguing they should be entitled to hold Canada to account for its overall approach to climate change. Lawyers for the Canadian government argued that this is not an issue that will be resolved in court, and that instead the government would work with young people to tackle climate action.
“I am happy we finally have a trial date, but I’m disappointed that after five years in the system it’s going to be another year of waiting,” said plaintiff Zoe Grames-Webb in a statement Wednesday released by Our Children’s Trust.
“The federal government is not acting with the urgency the climate emergency deserves. At least we have an open trial so Canadians can see how much effort their government is taking to avoid protecting their rights to a stable climate.”
The lawsuit seeks a declaration from the Federal Court that the government’s climate change policies violate the Charter. It also calls for the court to order the government to develop a climate recovery plan aimed at drastically reducing greenhouse gas emissions and transitioning Canada’s energy system to meet the urgent demands of climate science.
Andrea Rodgers, deputy director at Our Children’s Trust, said the suit is about safeguarding the future of young Canadians who are already bearing the brunt of climate change.
“We are confident that the trial will highlight the government’s charter duty to protect the rights of youth in the face of the climate crisis. This will be a defining moment, not just for Canada, but for the entire world,” said Rodgers in a statement.
“In 2026, the international community will be watching closely to see if Canada rises to the challenge and fulfills its responsibility to secure the future of young people by taking urgent, meaningful action on climate change.”