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La Rose v. His Majesty the King - reply

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Litigation

Sabin

Sabin Litigation

complaint

La Rose v. His Majesty the King - complaint

order

La Rose v. His Majesty the King - order

appeal

La Rose v. His Majesty the King - appeal

judgment

La Rose v. His Majesty the King - judgment

La Rose v. His Majesty the King - Other

Filing Year For Action

Fifteen children and youths brought suit against the Queen and Attorney General of Canada in October 2019, alleging that Canada emits and contributes to emitting greenhouse gases that are incompatible with a stable climate. The plaintiffs argue that Canada's actions have violated their rights under the Canadian Charter of Rights and Freedom, as well as the rights of present and future Canadian children under the public trust doctrine. They seek declaratory relief and an order requiring the government to adopt a Climate Recovery Plan. 

In dismissing the case, the judge ruled that the plaintiffs' claims that Canada's conduct violated their rights under the Charter of Rights and Freedoms are not justiciable and state no reasonable cause of action. According to the judge, the claims are not justiciable because they allege "an overly broad and unquantifiable number of actions and inactions on the part of the Defendants." Similarly, these claims do not state a reasonable cause of action because they point to broad and diffused conduct by the government and do not identify a particular law that burdens youth. 

The judge found that the plaintiffs' claims that the government's conduct violated the public trust doctrine was justiciable, but similarly found that it stated no reasonable cause of action because the claim was extensive, had no definable limits, and was not consistent with incremental evolutions in the law. 

Plaintiffs are children and youth in Canada who allege that they have been and will continue to be exposed to climate change impacts that interfere with their physical and psychological well being, as well as their ability to make fundamental life choices. The plaintiffs assert that because of their vulnerability and age, they will bear a disproportionate share of the burden imposed by climate change. They claim that Canada has caused, contributed to, and allowed a level of greenhouse gas emissions that is incompatible with a stable climate system; adopted greenhouse gas emissions targets that are inconsistent with the best available science regarding what action is necessary to avoid dangerous climate change; failed to meet its own national greenhouse gas emission targets; and actively participated in and supported the development, expansion, and operation of industries and activities involving fossil fuels that emit a level of greenhouse gases that is incompatible with a stable climate.  

Plaintiffs seek declarations that defendants have unjustifiably infringed their rights -- and the rights of all present and future children and youth in Canada -- under the Canadian Charter of Rights and Freedoms. Specifically, plaintiffs allege that defendants have violated Section 7 of the Charter, which protects the rights to life, liberty and security; and Section 15 of the Charter, which provides that every individual is equal under the law. Plaintiffs also argue that Canada has a common law and constitutional obligation to protect the integrity of common natural resources that are fundamental to sustaining human life and liberties, and seek a declaration that defendants have failed to discharge their public trust obligations with respect to those resources. Finally, they seek an order requiring defendants to develop and implement an enforceable Climate Recovery Plan that is consistent with Canada's fair share of the global carbon budget necessary to achieve greenhouse gas emissions, and ask the court to retain jurisdiction to ensure the plan is implemented.  

On February 7, 2020 the government filed a statement of defense acknowledging that climate change is real and has a significant effect on Canada, but arguing that the plaintiffs lack public interest standing and that their claims are not justiciable. Plaintiffs responded on August 31. On October 27, in spite of acknowledging that “the negative impact of climate change to the Plaintiffs and all Canadians is significant, both now and looking forward into the future,” Justice Michael D. Manson of the Federal Court of Canada granted the government’s motion to strike the plaintiffs’ claim. Attorneys for the youth plaintiffs intend to appeal. On November 24, the plaintiffs filed their Notice of Appeal with the Federal Court of Appeals, alleging Justice Manson erred in striking the plaintiffs’ claims. On May 3, 2021, the plaintiffs filed their opening brief arguing that the lower court’s October’s ruling incorrectly struck their claims.

On October 27, 2020, a Federal Court judge dismissed the lawsuit by Canadian youth against the Canadian government on a pretrial motion to strike for failing to state a reasonable cause of action. The plaintiffs appealed the case to the Federal Court of Appeal on November 24. 

On December 11, 2024,  the Federal Court confirmed the eight-week trial, set to begin October 26, 2026 in Vancouver.

The plaintiffs filed a further amended statement of claim on May 31, 2024, and in December 2024, Canada dropped its motion to strike, after which the claimants filed a new statement of claim on January 13, 2025 and Canada filed a statement of defence. Both sides have reportedly been in discovery until mid-Janurary 2026, including document disclosure, expert reports, and examinations for discovery.

La Rose v. His Majesty the King

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An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

Groups  of people who are adversely affected by climate change or the response to it

A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

Fossil fuel is a generic term for non-renewable energy sources such as coal, fossil gas, and oil (including crude oil, and petroleum products), that can be used for electricity and heat generation. Fossil fuels are hydrocarbons formed from pressurised and heated organic material buried over millions of years.

Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

In human systems, the process of adjustment to actual or expected climate change and its effects, in order to moderate harm, increase resilience or exploit beneficial opportunities. In natural systems, the process of adjustment to actual climate change and its effects; human intervention may facilitate adjustment to expected climate change and its effects.

The management and allocation of funds, assets and investments to meet various objectives

Terrestrial means "of the earth" and relates to the risks to ecological system that includes all living organisms and their interactions within land-based environments, such as forests, grasslands, and deserts.

Any compulsory, unrequited payment to the government levied on corporations or individuals. This can be for environmental reasons, such as introducing a Carbon tax to set a price that emitters must pay for the greenhouse gases they emit.

Heavy precipitation refers to any form of weather where substances fall from the sky, including rain, snow, sleet, or hail.

A ban is a legal action that prevents the sale or supply of a product or service, or that recalls a product from the market. Examples are bans on SF6, greenwashing, fossil fuel advertisement or single-use plastics.

This sector includes firms and individuals offering specialised expertise in fields such as law, accounting, consulting, science and engineering.

A drought is an extended period of unusually dry weather marked by a significant and sustained lack of precipitation, falling below a specific threshold over a large area for more than a month

Financial actors and resources that are primarily directed towards climate change mitigation, adaptation and compensation.

Activities of businesses and institutions that provide financial services and products to individuals and organisations.

Actions to adapt human health, healthcare systems and well-being to climate change.

Air pollution involves harmful contaminants in the air, affecting both indoor and outdoor environments. It can lead to health issues like respiratory diseases and heart problems, and climate impacts such as global warming. Pollutants can damage plants, trees, habitats, and water bodies like rivers and lakes.

A commitment to balance GHG emissions with removal by a certain point in time, effectively reducing the net emissions to zero

Activities of industries that extract natural resources, such as mining, oil, and gas, for commercial use.

Work that is productive and delivers a fair income, security in the workplace and social protection for all, better prospects for personal development and social integration, freedom for people to express their concerns, organize and participate in the decisions that affect their lives and equality of opportunity.

Oil is a combustible liquid fossil fuel composed mainly of hydrocarbons, occurring as crude oil and refined into petroleum products such as petrol, diesel and kerosene.

A financial institution that manages a country's currency and can promote climate-related initiatives through green monetary policy and other means.

People who are less able to respond to the effects of climate change due to having limited financial or physical assets

Activities that involve planning, designing and building infrastructure, residential, and commercial structures.

Conditions that enhance the feasibility of adaptation options. Enabling conditions include finance, technological innovation, strengthening policy instruments, institutional capacity, multi-level governance and changes in human behaviour and lifestyles.

Climate change impacts our society by disrupting the natural, economic and social systems we depend on. Physical hazards and underlying vulnerabilities can lead to increased resource competition for food and water, which can heighten the risk of conflict.

Dedicated pool of financial resources for climate-related projects.

Hot temperature extremes are daily maximum temperatures  that were exceeded on average once in a decade or once in 50 years, and includes heatwaves.

Jobs that contribute to preserving or restoring the environment. We include jobs which require a high amount of green skills or which spend much of their time on green activities, as well as jobs transforming polluting industries.

An agency providing government-backed financing, guarantees, and insurance to support domestic companies' international exports, that can play a role in financing climate-related projects.

woman and genders outside of the gender binary

The cryosphere is the frozen part of the Earth—it includes sea ice, glaciers, snow, and ice sheets. It helps regulate the climate and weather by reflecting sunlight. Rising temperatures are causing melting, leading to sea ice loss, glacier collapse, and glacier landslides and avalanches. This threatens the livelihoods of around 700 million people who rely on the cryosphere for food, water security, and cultural practices.

This sector involves activities to move goods and people, alongside the storage of products.

Fossil gas, commonly known as natural gas, is a fossil fuel consisting chiefly of methane with smaller amounts of other hydrocarbons and trace gases, found in underground deposits.

A long-lived, colourless gas, chiefly emitted from fossil fuel combustion, deforestation and cement production.

This sector involves the wholesale and retail selling of goods.

A subsidy is a direct or indirect payment to individuals or businesses, typically provided as a government cash payment or a specific tax reduction.

Social and cultural groups that share collective ancestral ties to the lands and natural resources where they live, occupy or from which they have been displaced

People with different national or cultural traditions from the dominant population

The activities of industries that transforms raw materials into finished goods through industrial processes.

The activities of industries involved in the production, distribution, and sale of energy, including electricity, gas, and renewables.

The release of heat-trapping gases, primarily from human activities such as burning fossil fuels, agriculture and industry.

Actions to adapt and increase the resilience of rural and urban infrastructure and settlements to climate change.

Slow onset events evolve gradually from incremental changes over many years or from increased frequency or intensity of recurring events. As defined in the Cancun Adaptation Framework (2010), slow onset events include risks and impacts from rising temperatures, desertification, biodiversity loss, land and forest degradation, glacial retreat, ocean acidification, sea level rise, and salinization.

Risks to the ecosystem health of the marine environment, including ocean warming, ocean acidification, and ocean deoxygenation, harming biodiversity, species health, ecosystem services, and coastal community livelihoods.

A target to reduce the prevalence of a greenhouse gas over a specific time frame

Activities that involve the cultivation of crops and raising of livestock for food, fibre, and other products essential for human life and industry.

Coal is a combustible sedimentary rock formed from carbonised plant matter, rich in carbon and hydrocarbons, and occurring in several main types including hard coal and brown coal.

Either money or something of monetary value is transferred between two or more organisations, people or countries.

A company that is owned wholly or partially by the state, typically operating in key sectors.

A potent, short-lived greehouse gas, largely released from livestock, fossil fuel extraction and waste management.

Activities of government agencies and institutions that provide public services, enforce laws and manage public resources.

Extreme weather refers to events where a weather variable exceeds (or falls below) a threshold. Meaning it is significantly different from the average or usual weather pattern.

Social inclusion is the process of improving the terms on which individuals and groups take part in society—improving the ability, opportunity, and dignity of those disadvantaged on the basis of their identity.

This sector involves activities that impart knowledge and skills to individuals, including formal schooling, vocational training and educational support.

La Rose v. His Majesty the King - reply

Target

Policy instrument

Risk

Impacted group

Just transition

Renewable energy

Fossil fuel

Greenhouse gas

Economic sector

Adaptation/resilience

Finance