On December 13, 2023, a unanimous Federal Court of Appeal re-opened the door to two separate challenges to the Government of Canada's response to climate change.
This decision, La Rose v. Canada, 1 involved appeals from two Federal Court decisions. The La Rose appellants were 15 children and youth between the ages of 10 and 19 (at the time of filing), residing across Canada. The Misdzi Yikh appellants are two Wet'suwet'en House groups comprising the Likhts'amisyu (Fireweed) Clan, Misdzi Yikh (Owl House), and Sa Yikh (Sun House), and each of the House groups' dini ze' or Head Chief. The La Rose appellants and Misdzi Yikh appellants had brought separate actions against Canada alleging, among other things, that its failure to address the problem of climate change violated their rights under sections 7 and 15 of the Charter.
The Federal Court below had struck the La Rose and Misdzi Yikh claims without leave to amend on the basis that the claims were not justiciable ' in other words, that the claims concerned matters beyond the capacity or legitimate role of a court. The Federal Court was of the view the claims would require the court to adjudicate on broad and diffuse aspects of government conduct, which are...
