In 2018, the environmental NGO ENvironnement JEUnesse applied for leave to bring a class action case against the Canadian government on behalf of citizens of Québec aged 35 and under. The NGO sought a declaration from that the Canadian government had violated its obligation to protect these citizens’ fundamental rights under the Canadian Charter of Rights and Freedoms and the Québec Charter of Rights and Freedoms by setting insufficent greenhouse gas reduction targets and by failing to create an adequate plan to reach these targets. Specifically, they invoked their rights to life, to a healthy environment, and to equality. On 11 July 2019, the Superior Court of Quebec dismissed the motion to authorize the institution of a class action, finding that the proposed class, with its 35-year age limit, had been created arbitrarily. An appeal by ENVironnement JEUnesse was denied on 13 December 2021.
As well as a declaratory judgment, the NGO sought punitive damages and an order to cease interference with the plaintiffs’ rights.
In their judgment of 13 December 2021, the three judges of the Court of Appeal dismissed the appeal and denied the certification of the proposed class. They referred to the role of the legislature in making the complex social and economic choices required here. They also considered that the remedies sought by the applicants were not specific enough to be implemented by a court. Lastly, the judges upeld the previous instance’s finding concerning the arbitary constitution of the class, with its 35-year age limit.
Further procedural steps:
The applicants announced that they would launch an appeal to the Supreme Court of Canada.
The judgment of the Court of Appeal (in French) can be found below.
The declaration of appeal can be found here.