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Youth activists say Canada has legal duty to protect vital resources as public hearing ends – CBC.ca

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Fifteen young Canadians attempting to sue the federal government say the country has a duty to all its citizens to protect vital natural resources like the air and shorelines — a duty it’s failing by emitting greenhouse gases.

The case, La Rose et al. v. Her Majesty the Queenwas initially filed on Oct. 25, 2019, and involves more than a dozen children and teens from across the country who are making a relatively novel legal argument — that their rights to life, liberty, security and equality are being violated because Ottawa has not done enough to prevent climate change.

Hearings began in a federal court in Vancouver on Sept. 30 and lasted two days. Justice Michael Manson will now decide if the case should be heard in a federal court.

On Thursday, the plaintiffs, represented by environmental lawyer Chris Tollefson, argued that Canada has an obligation to its citizens to protect vital natural resources like the air and shorelines — a duty that’s often defined in legal terms as a public trust doctrine.

Lawyers representing youth climate activists say the Canadian government has a legal duty to protect its natural resources. (Ben Nelms/CBC)

Climate change poses a threat to these public resources; therefore, the federal government has an obligation to minimize its emissions, he argued.

“These plaintiffs are not asking for special treatment, they’re not asking protection for their individual private rights. What they’re seeking to invoke here are rights that belong to all Canadians,” said Tollefson.

Public trust doctrines are historical in origin but have been established in modern justice systems, including the United States. Canada has not formally recognized the public trust doctrine but it has been discussed in several high-profile cases.

“The question before you is whether it’s possible that the federal Crown is entrusted with a public duty …  to take special care of certain public resources, resources which we all depend on for our lives, liberties and security of the person,” said Tollefson.

Crowd outside the Vancouver Art Gallery, as seen from the gallery roof, as youth activists announced a lawsuit against the Canadian federal government on Oct. 25, 2019. Thousands later marched through downtown Vancouver. (Maggie MacPherson/CBC)

The plaintiff’s lawyer said their team would establish that a public trust doctrine exists within Canadian law — that the federal government has an obligation to protect the oceans, coasts, atmosphere and permafrost — if the case went to trial.

Establishing that a public trust doctrine exists would be integral to their case as they look to prove that Canadians have a right to a safe and livable environment in the midst of global climate change.

“We will lead evidence and arguments to demonstrate why Canadian courts should and must recognize these kinds of duties, and begin to articulate a public trust doctrine made in Canada, and through that trial process how it applies through this case.”

Arguments too broad, defence says

In the defence submission, federal lawyer Joseph Cheng said greenhouse gas emissions are cumulative and a worldwide problem that affects all countries, and so Canada cannot act alone to resolve the impact of climate change.

Cheng argued the plaintiffs’ case was not ‘justiciable,’ meaning that it falls well beyond what the courts can meaningfully adjudicate. He said the courts are best suited to address individual laws — not complex issues like climate change.

On Wednesday, defence referred to a similar lawsuit filed against Canada over its failure to meet emissions targets under Kyoto Protocol on climate change. In that case, a federal judge dismissed the suit, concluding that was no practical way of enforcing a government’s climate goals.

At the end of the public hearing, Justice Manson said he would not attempt to make a decision on the bench. He said it will be at least two days until a decision is reached.

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Port of Montreal employer submits ‘final’ offer to dockworkers, threatens lockout

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MONTREAL – The employers association at the Port of Montreal has issued the dockworkers’ union a “final, comprehensive offer,” threatening to lock out workers at 9 p.m. Sunday if a deal isn’t reached.

The Maritime Employers Association says its new offer includes a three per cent salary increase per year for four years and a 3.5 per cent increase for the two subsequent years. It says the offer would bring the total average compensation package of a longshore worker at the Port of Montreal to more than $200,000 per year at the end of the contract.

“The MEA agrees to this significant compensation increase in view of the availability required from its employees,” it wrote Thursday evening in a news release.

The association added that it is asking longshore workers to provide at least one hour’s notice when they will be absent from a shift — instead of one minute — to help reduce management issues “which have a major effect on daily operations.”

Syndicat des débardeurs du port de Montréal, which represents nearly 1,200 longshore workers, launched a partial unlimited strike on Oct. 31, which has paralyzed two terminals that represent 40 per cent of the port’s total container handling capacity.

A complete strike on overtime, affecting the whole port, began on Oct. 10.

The union has said it will accept the same increases that were granted to its counterparts in Halifax or Vancouver — 20 per cent over four years. It is also concerned with scheduling and work-life balance. Workers have been without a collective agreement since Dec. 31, 2023.

Only essential services and activities unrelated to longshoring will continue at the port after 9 p.m. Sunday in the event of a lockout, the employer said.

The ongoing dispute has had major impacts at Canada’s second-biggest port, which moves some $400 million in goods every day.

On Thursday, Montreal port authority CEO Julie Gascon reiterated her call for federal intervention to end the dispute, which has left all container handling capacity at international terminals at “a standstill.”

“I believe that the best agreements are negotiated at the table,” she said in a news release. “But let’s face it, there are no negotiations, and the government must act by offering both sides a path to true industrial peace.”

Federal Labour Minister Steven MacKinnon issued a statement Thursday, prior to the lockout notice, in which he criticized the slow pace of talks at the ports in Montreal and British Columbia, where more than 700 unionized port workers have been locked out since Nov. 4.

“Both sets of talks are progressing at an insufficient pace, indicating a concerning absence of urgency from the parties involved,” he wrote on the X social media platform.

This report by The Canadian Press was first published Nov. 8, 2024.

The Canadian Press. All rights reserved.



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‘Disgraceful:’ N.S. Tory leader slams school’s request that military remove uniform

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HALIFAX – Nova Scotia Premier Tim Houston says it’s “disgraceful and demeaning” that a Halifax-area school would request that service members not wear military uniforms to its Remembrance Day ceremony.

Houston’s comments were part of a chorus of criticism levelled at the school — Sackville Heights Elementary — whose administration decided to back away from the plan after the outcry.

A November newsletter from the school in Middle Sackville, N.S., invited Armed Forces members to attend its ceremony but asked that all attendees arrive in civilian attire to “maintain a welcoming environment for all.”

Houston, who is currently running for re-election, accused the school’s leaders of “disgracing themselves while demeaning the people who protect our country” in a post on the social media platform X Thursday night.

“If the people behind this decision had a shred of the courage that our veterans have, this cowardly and insulting idea would have been rejected immediately,” Houston’s post read. There were also several calls for resignations within the school’s administration attached to Houston’s post.

In an email to families Thursday night, the school’s principal, Rachael Webster, apologized and welcomed military family members to attend “in the attire that makes them most comfortable.”

“I recognize this request has caused harm and I am deeply sorry,” Webster’s email read, adding later that the school has the “utmost respect for what the uniform represents.”

Webster said the initial request was out of concern for some students who come from countries experiencing conflict and who she said expressed discomfort with images of war, including military uniforms.

Her email said any students who have concerns about seeing Armed Forces members in uniform can be accommodated in a way that makes them feel safe, but she provided no further details in the message.

Webster did not immediately respond to a request for comment.

At a news conference Friday, Houston said he’s glad the initial request was reversed but said he is still concerned.

“I can’t actually fathom how a decision like that was made,” Houston told reporters Friday, adding that he grew up moving between military bases around the country while his father was in the Armed Forces.

“My story of growing up in a military family is not unique in our province. The tradition of service is something so many of us share,” he said.

“Saying ‘lest we forget’ is a solemn promise to the fallen. It’s our commitment to those that continue to serve and our commitment that we will pass on our respects to the next generation.”

Liberal Leader Zach Churchill also said he’s happy with the school’s decision to allow uniformed Armed Forces members to attend the ceremony, but he said he didn’t think it was fair to question the intentions of those behind the original decision.

“We need to have them (uniforms) on display at Remembrance Day,” he said. “Not only are we celebrating (veterans) … we’re also commemorating our dead who gave the greatest sacrifice for our country and for the freedoms we have.”

NDP Leader Claudia Chender said that while Remembrance Day is an important occasion to honour veterans and current service members’ sacrifices, she said she hopes Houston wasn’t taking advantage of the decision to “play politics with this solemn occasion for his own political gain.”

“I hope Tim Houston reached out to the principal of the school before making a public statement,” she said in a statement.

This report by The Canadian Press was first published Nov. 8, 2024.

The Canadian Press. All rights reserved.



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Sides in B.C. port dispute to meet in bid to end lockout after talk with minister

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VANCOUVER – Employers and the union representing supervisors embroiled in a labour dispute that triggered a lockout at British Columbia’s ports will attempt to reach a deal when talks restart this weekend.

A spokesman from the office of federal Labour Minister Steven MacKinnon has confirmed the minister spoke with leaders at both the BC Maritime Employers Association and International Longshore and Warehouse Union Local 514, but did not invoke any section of the Canadian Labour Code that would force them back to talks.

A statement from the ministry says MacKinnon instead “asked them to return to the negotiation table,” and talks are now scheduled to start on Saturday with the help of federal mediators.

A meeting notice obtained by The Canadian Press shows talks beginning in Vancouver at 5 p.m. and extendable into Sunday and Monday, if necessary.

The lockout at B.C. ports by employers began on Monday after what their association describes as “strike activity” from the union. The result was a paralysis of container cargo traffic at terminals across Canada’s west coast.

In the meantime, the union says it has filed a complaint against the employers for allegedly bargaining in bad faith, a charge that employers call a “meritless claim.”

The two sides have been without a deal since March 2023, and the employers say its final offer presented last week in the last round of talks remains on the table.

The proposed agreement includes a 19.2 per cent wage increase over a four-year term along with an average lump sum payment of $21,000 per qualified worker.

The union has said one of its key concerns is the advent of port automation in cargo operations, and workers want assurances on staffing levels regardless of what technology is being used at the port.

The disruption is happening while two container terminals are shut down in Montreal in a separate labour dispute.

It leaves container cargo traffic disrupted at Canada’s two biggest ports, Vancouver and Montreal, both operating as major Canadian trade gateways on the Pacific and Atlantic oceans.

This is one of several work disruptions at the Port of Vancouver, where a 13-day strike stopped cargo last year, while labour strife in the rail and grain-handling sectors led to further disruptions earlier this year.

This report by The Canadian Press was first published Nov. 8, 2024.

The Canadian Press. All rights reserved.



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