As a further update to previous posts on climate change Charter claims, we note that Justice Manson of the Federal Court of Canada recently dismissed on a summary basis one of the Canadian childrens’ climate change cases in La Rose v. Canada on the basis that the matter was non-justiciable (not appropriate for judicial determination) and did not disclose a reasonable cause of action either under section 7 of the Charter (undue breadth and diffuse nature of the claim) or under section 15 (failure to disclose a distinction on the basis of state action or law).
The Judge said:
“[T]he diffuse nature of the claim that targets all conduct leading to GHG emissions cannot be characterized in any way other than to suggest the Plaintiffs’ are seeking judicial involvement in Canada’s overall policy response to climate change.”
Some of the reasoning echoes comments we have made in earlier blogs. Although the decision appears definitive, I would not expect the parties behind this action to throw in the towel now. We can expect appeals to higher courts.