Youth-led climate change lawsuit dismissed by Federal Court - CBC.ca | Canada News Media
Connect with us

News

Youth-led climate change lawsuit dismissed by Federal Court – CBC.ca

Published

 on


A Federal Court judge ruled Tuesday that the Canadian government won’t be going on trial for contributions to climate change — striking down a lawsuit brought by 15 young Canadians who argued the government was violating their charter rights.

Federal Court Justice Michael Manson rejected a lawsuit initiated by the youths aged 10 to 19 years old. Their case called on the court to compel Ottawa to develop a science-based climate recovery plan.

But Manson ruled the claims don’t have a reasonable cause of action or prospect of success, so the case cannot proceed to trial.

The lawsuit filed in 2019 says Canada’s failure to protect against climate change is a violation of the youths’ charter rights.

On Tuesday, Manson ruled the network of  government actions that contribute to climate change is too broad for the court to grapple with, and the court has no role in reviewing the country’s overall approach to climate change.

First and hardest hit

Plaintiff Haana Edenshaw, 17, of the Haida Nation, says despite her disappointment, she is refusing to get discouraged and plans to keep pushing to have the case heard, after seeing the effects of climate change in her village of Masset on Haida Gwaii off B.C.’s North Coast.

She said poverty rates and the location of communities leave Indigenous people at higher risk to the negative effects of climate change.

“Indigenous youth in Canada are often the first hit and the hardest hit,” she said.

Another plaintiff named Sophia said that it is “a big wake-up call for all Canadian and Indigenous youth. Canada has tried to silence our voice in court and block our calls for climate justice. We won’t be dissuaded.”

Haana Edenshaw, 17, from Haida Gwaii, B.C., says she is experiencing the effects of climate change on her doorstep in the village of Masset on Haida Gwaii. (Kwiadda McEvoy)

In September, government lawyers argued the lawsuit should be thrown out, as it was far too broad to be heard in court. In Tuesday’s ruling, Manson agreed the terms were too broad. Joe Arvay, the lead lawyer on the case, says it’s a disappointment, but he plans to push forward and appeal the case to the Supreme Court of Canada.

The case, La Rose et al. v. Her Majesty the Queen, was initially filed on Oct. 25, 2019.

The lawsuit argued that the plaintiffs — 15 children and teens from across Canada — had their rights to life, liberty and security and equality violated by a government that had failed to do enough to protect against climate change.

In the government’s defence submission, federal lawyer Joseph Cheng said the drivers of climate changes are a global problem, and Canada can’t act alone to solve the issue. He also argued that the case fell beyond what courts can meaningfully adjudicate.

The statement of claim was filed the day teen climate activist Greta Thunberg visited Vancouver and led a climate strike rally attended by thousands. It says that “despite knowing for decades” that carbon emissions “cause climate change and disproportionately harm children,” the government continued to allow emissions to increase at a level “incompatible with a stable climate capable of sustaining human life and liberties.”

But there’s no explicit environmental right in the Canadian Charter of Rights and Freedoms. And, in his decision, the justice disagreed that right is implicit, as argued in the case.

Nine of the 15 activists suing the Canadian government over its alleged inaction on climate change stand on the steps of the Vancouver Art Gallery on Oct. 25, 2019, after filing their lawsuit in federal court. (Ben Nelms/CBC)

“Of course it’s disappointing, but the journey is far from over,” said Brendan Glauser of the Suzuki Foundation. Glauser said the ruling acknowledged the negative impact of climate change as something that’s significant and pointed out the justice also said the “public trust” doctrine is a legal question that the court can resolve — which, he said, offers legal ground with which the group can attempt to move forward.

“We are proud of our plaintiffs. These brave young plaintiffs know we only have a decade to turn things around, and so far, we are not on track,” said Glauser.

For more on this story, tap here to listen to the Sept. 27 episode of What on Earth with Laura Lynch.

Let’s block ads! (Why?)



Source link

Continue Reading

News

RCMP investigating after three found dead in Lloydminster, Sask.

Published

 on

LLOYDMINSTER, SASK. – RCMP are investigating the deaths of three people in Lloydminster, Sask.

They said in a news release Thursday that there is no risk to the public.

On Wednesday evening, they said there was a heavy police presence around 50th Street and 47th Avenue as officers investigated an “unfolding incident.”

Mounties have not said how the people died, their ages or their genders.

Multiple media reports from the scene show yellow police tape blocking off a home, as well as an adjacent road and alleyway.

The city of Lloydminster straddles the Alberta-Saskatchewan border.

Mounties said the three people were found on the Saskatchewan side of the city, but that the Alberta RCMP are investigating.

This report by The Canadian Press was first published on Sept. 12, 2024.

Note to readers: This is a corrected story; An earlier version said the three deceased were found on the Alberta side of Lloydminster.

The Canadian Press. All rights reserved.



Source link

Continue Reading

News

Three injured in Kingston, Ont., assault, police negotiating suspect’s surrender

Published

 on

KINGSTON, Ont. – Police in Kingston, Ont., say three people have been sent to hospital with life-threatening injuries after a violent daytime assault.

Kingston police say officers have surrounded a suspect and were trying to negotiate his surrender as of 1 p.m.

Spokesperson Const. Anthony Colangeli says police received reports that the suspect may have been wielding an edged or blunt weapon, possibly both.

Colangeli says officers were called to the Integrated Care Hub around 10:40 a.m. after a report of a serious assault.

He says the three victims were all assaulted “in the vicinity,” of the drop-in health centre, not inside.

Police have closed Montreal Street between Railway Street and Hickson Avenue.

This report by The Canadian Press was first published Sept. 12, 2024.

The Canadian Press. All rights reserved.



Source link

Continue Reading

News

Government intervention in Air Canada talks a threat to competition: Transat CEO

Published

 on

Demands for government intervention in Air Canada labour talks could negatively affect airline competition in Canada, the CEO of travel company Transat AT Inc. said.

“The extension of such an extraordinary intervention to Air Canada would be an undeniable competitive advantage to the detriment of other Canadian airlines,” Annick Guérard told analysts on an earnings conference call on Thursday.

“The time and urgency is now. It is time to restore healthy competition in Canada,” she added.

Air Canada has asked the federal government to be ready to intervene and request arbitration as early as this weekend to avoid disruptions.

Comments on the potential Air Canada pilot strike or lock out came as Transat reported third-quarter financial results.

Guérard recalled Transat’s labour negotiations with its flight attendants earlier this year, which the company said it handled without asking for government intervention.

The airline’s 2,100 flight attendants voted 99 per cent in favour of a strike mandate and twice rejected tentative deals before approving a new collective agreement in late February.

As the collective agreement for Air Transat pilots ends in June next year, Guérard anticipates similar pressure to increase overall wages as seen in Air Canada’s negotiations, but reckons it will come out “as a win, win, win deal.”

“The pilots are preparing on their side, we are preparing on our side and we’re confident that we’re going to come up with a reasonable deal,” she told analysts when asked about the upcoming negotiations.

The parent company of Air Transat reported it lost $39.9 million or $1.03 per diluted share in its quarter ended July 31. The result compared with a profit of $57.3 million or $1.49 per diluted share a year earlier.

Revenue totalled $736.2 million, down from $746.3 million in the same quarter last year.

On an adjusted basis, Transat says it lost $1.10 per share in its latest quarter compared with an adjusted profit of $1.10 per share a year earlier.

It attributed reduced revenues to lower airline unit revenues, competition, industry-wide overcapacity and economic uncertainty.

Air Transat is also among the airlines facing challenges related to the recall of Pratt & Whitney turbofan jet engines for inspection and repair.

The recall has so far grounded six aircraft, Guérard said on the call.

“We have agreed to financial compensation for grounded aircraft during the 2023-2024 period,” she said. “Alongside this financial compensation, Pratt & Whitney will provide us with two additional spare engines, which we intend to monetize through a sell and lease back transaction.”

Looking ahead, the CEO said she expects consumer demand to remain somewhat uncertain amid high interest rates.

“We are currently seeing ongoing pricing pressure extending into the winter season,” she added. Air Transat is not planning on adding additional aircraft next year but anticipates stability.

“(2025) for us will be much more stable than 2024 in terms of fleet movements and operation, and this will definitely have a positive effect on cost and customer satisfaction as well,” the CEO told analysts.

“We are more and more moving away from all the disruption that we had to go through early in 2024,” she added.

This report by The Canadian Press was first published Sept. 12, 2024.

Companies in this story: (TSX:TRZ)

The Canadian Press. All rights reserved.



Source link

Continue Reading

Trending

Exit mobile version