The federal government has requested a court to dismiss a prominent environmental lawsuit, arguing that it is not mandated 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 dismissed before proceeding to full hearings. In June, a lawsuit was initiated by three young individuals and two environmental organizations urging the Federal Court to compel Ottawa to revise its climate plan.
The Liberal government has removed essential measures necessary for Canada to meet the 2030 target since the plan’s inception in 2022. The lawsuit claims that the failure to update the climate plan violates the Canadian Net-Zero Emissions Accountability Act. The government’s initial substantial response on Aug. 14 highlights that the act permits the Minister to modify emissions targets or reduction plans. In a legal submission to the court, the government argues that the use of the word “may” in the act does not impose a requirement to amend the plan.
Moreover, the government emphasizes that the courts do not establish or direct climate policy, indicating that the lawsuit addresses broader political and policy matters beyond the court’s scope. When questioned about updating the 2030 climate plan, the environment minister’s office reiterated the government’s commitment to combatting climate change and achieving net-zero emissions by 2050, refraining from further comments due to the ongoing court proceedings.
Despite the absence of a definitive statement on updating the climate plan from the minister’s office, the plaintiffs urge the court to reject any attempts to dismiss the case. Marie Maltais expressed concern over the lack of a robust climate plan amid ongoing fossil fuel expansion and climate protection rollbacks. Kyle Harrietha, who played a pivotal role in the development of the Canadian Net-Zero Emissions Accountability Act, advocates for updating the climate plan, citing the government’s responsibility to uphold climate policies as intended during the act’s formulation.