Case Law Database
ENvironnement JEUnesse v. Procureur General du Canada
| Date of Application: | Mon, 26 Nov 2018 |
|---|---|
| Date of Decision: | Mon, 13 Dec 2021 |
| Decision Making Body: | Supreme Court of Canada |
| Law Applied: | Canadian Charter of Rights and Freedoms Canadian Charter of Rights and Freedoms Paris Agreement Québec Charter of Human Rights and Freedoms United Nations Framework Convention on Climate Change |
| Keywords: | Class action, Damages, Declaratory relief, Right to life, Right to healthful environment, Right to inviolability and security |
ENvironnement JEUnesse v. Procureur General du Canada
Province de Québec District de Montréal
500-06-000955-183
At Issue: Whether the Canadian government violated fundamental rights of citizens aged 35 and under by failing to set a greenhouse gas emission reduction target and plan to avoid dangerous climate change impacts.
Summary: ENvironnement JEUnesse, an environmental nonprofit, has applied in the Superior Court of Québec to bring a climate change-related class action against the Canadian government on behalf of Québec citizens aged 35 and under. ENvironnement JEUnesse reports that it has asked the Court, inter alia, to declare that the Government of Canada has failed in its obligations to protect the fundamental rights of young people under the Canadian Charter of Rights and Freedoms and the Québec Charter of Rights and Freedoms. The organization alleges that the government violated plaintiffs’ rights by setting a greenhouse gas reduction target insufficient to avoid dangerous climate change impacts and by lacking an adequate plan to reach its greenhouse gas emission target.
More specifically, plaintiffs allege that 1) the “Canadian government's adoption of GHG emission targets that it knows are harmful to human life and health violates the right of class members to life, inviolability and security protected by section 7 of the Canadian Charter and section 1 of the Québec Charter,” and 2) “by adopting inadequate targets and failing to put in place the necessary measures to achieve these targets, the government is violating the class members' right to live in a healthful environment in which biodiversity is preserved, protected by the Québec Charter.”
The class action seeks a declaratory judgment and punitive damages. They have also asked the court to order a cessation of interference with plaintiffs’ rights.
On July 11, 2019, the court dismissed the motion for authorization to institute a class action. The judge concluded that the impact of climate change on human rights is a justiciable issue and that the Canadian Charters and Quebec rights and freedoms can apply to government actions in this area. However, the judge declined to authorize the proposed class, determining that the 35-year age cut-off was arbitrary and not objective. Environment JEUnesse appealed the decision on August 16.
On December 13th, 2021, the Quebec Court of Appeal dismissed the appeal on justiciability and denied the certification of the proposed climate change class action suit. The Court found that “all the alleged facts” accuse the Canadian government of a “fault of omission” resulting from its inaction in the face of global warming. Conclusions sought by the Appellants are tantamount to asking the courts to tell the legislature what to do, which is not their role. It held that deference to the legislative power is “necessary” as it is better placed to weigh the countless challenges of global warming. The Court did not weigh in on the allegation that government actions were contributing to climate change and therefore violated the Charter rights. The Court also objected to the lack of specificity of the remedy requested and agreed with the trial judge that the proposed class was arbitrary since the theory of the case on age discrimination was not acceptable.
ENvironnement Jeunesse filed an application for leave to appeal to the Supreme Court of Canada on February 11, 2022. On July 28, 2022, the Supreme Court of Canada dismissed the application.
ENVironnement JEUnesse v. Procureur General du Canada - Climate Change Litigation (climatecasechart.com)
https://climatecasechart.com/non-us-case/environnement-jeunesse-v-canadian-government/
Summary provided courtesy of the Sabin Centre
Court filed documents:
Application (unofficial English translation)
Decision (unofficial English translation)
Appeal decision (unofficial English translation)
Related CRC articles
- 2. Right to non-discrimination (CRC Article 2)
- 6. Right to life, survival and development (CRC Article 6)
- 24. Right to health, healthcare, and a healthy environment (CRC Article 24)
Application / complaint:
“Canada has recognized that the danger posed by global warming is unprecedented and that it must develop national GHG reduction targets to protect the rights to life, inviolability and security of its citizens.” (par 2.78)
“By adopting inadequate targets and failing to put in place the necessary measures to achieve these targets, the government is violating the class members' right to live in a healthful environment...” (par 2.88)
“The government violates class members’ right to equality.” (par2.91)
Involvement of children in hearings
- Written presentation
Children are not personally cited, nor are their individual stories recounted.
Intergenerational rights
Application / complaint:
“By failing to take today the necessary measures to prevent dangerous global warming, the Canadian government is placing on Quebec’s younger generations, the class members, a much higher burden than on the generations that precede them”. (2.92)
Future generations
Application / complaint:
“It is clearly irresponsible to hand over to young people and future generations the problem, which continues to worsen and which could be irreversible after crossing a point of no return. Therefore, the only sensible and rational approach is to determine what is needed to maintain global warming under 1.5°C and certainly well below 2°C and to act accordingly.” (par 2.41)
Outcome of decision for the applicants
- Relief sought by applicants NOT granted
The judge declined to authorize the proposed class, determining that the 35-year age cut-off was arbitrary and not objective. ENvironment JEUnesse appealed the decision, but the appeal was dismissed.
Did outcome of decision develop the law
- Yes
The judge in the court a quo concluded that the impact of climate change on human rights is a justiciable issue and that the Canadian Charters and Quebec rights and freedoms can apply to government actions in this area.
Involvement of NGO/law firm in application
Law firm:
http://tjl.quebec/recours-collectifs/changements-climatiques/
NGO:
Available information on how children got involved in the litigation
ENvironnement JEUnesse vs Canada • ENvironnement JEUnesse (enjeu.qc.ca)
Age range of litigants
- Other (Under 25)