Canada’s Supreme Court on Thursday declined to hear the appeal of young Quebecers seeking to take the federal government to court over what they consider to be insufficient efforts to fight climate change.
As usual, the country’s top court did not explain the reasons for its decision.
The organization ENvironnement JEUnesse accuses the Canadian government of violating their right to life, security, equality and a life in a healthy environment.
Last December, the Quebec Court of Appeals dismissed the appeal of the organization represented by Trudel Johnston et Lespérance, which filed a motion in November 2018 to represent everyone in Quebec who is 35 years of age or older.
Environment JEUnesse argued that the younger generations are particularly threatened by the climate crisis and that the government is not fulfilling its duty to protect.
Former executive director of ENvironnement JEUnesse and member-designate of the class action lawsuit that would have taken place, Catherine Gauthier, said she was disappointed by the Supreme Court’s decision.
The “extremely important” legal questions of whether the government of Canada is violating the right to life, the right to security, the right to equality and the right to life in a healthy environment for younger generations remain unanswered, she said in an interview with The Canadian Press.
However, Ms Gauthier was pleased that the court case had been “an excellent tool for raising awareness and educating the public about the right to a healthy environment, protecting the environment, respect for biodiversity and the fight against climate change”.
The three judges of the Québec Court of Appeals held that the group’s request fell more within the purview of the legislature and executive and that any order by a court in this regard would interfere with the powers of the political authorities.
The trial judge, for his part, denied the class action motion on the grounds that the grouping proposed by ENvironnement JEUnesse was arbitrary and inappropriate.
ENvironment JEUnesse asked the courts to find that the federal government is violating the fundamental rights of young Quebecers, to force them to stop doing so and to compensate the young people.
The group demanded punitive damages of $100 per Quebecer under the age of 35 and that the $340 million prize pool be used to fight climate change.
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