Â鶹´«Ã½

Skip to main content

Tom Mulcair: The stakes couldn't be higher as Canada's top court decides whether to hear climate class action lawsuit

People mark Earth Day with a march, Friday, April 22, 2022 in Montreal. THE CANADIAN PRESS/Ryan Remiorz People mark Earth Day with a march, Friday, April 22, 2022 in Montreal. THE CANADIAN PRESS/Ryan Remiorz
Share

Canadians will learn on Thursday whether the Supreme Court is willing to step up to the plate and hear a case concerning the rights of future generations in the fight against climate change and global warming.

The stakes couldn’t be higher and the case deserves to be heard.

That case against the federal government is a class action brought by a Quebec-based environmental group called ENJEU (short for Environnement Jeunesse, meaning environment and youth). They have thus far been heard in the Quebec Superior Court and Court of Appeal, and they have fallen short in both instances. The sums involved ($100 for every person under 35 in the province) are not earth-shattering and the money would go to projects to fight climate change and adapt to its effects.

Far more importantly, what is at stake in the Supreme Court decision is the role of the courts in our society. Since the Quebec courts have sidestepped the issue, the Supreme Court is the only remaining institution in our democracy that can help force the Canadian government to meet its international obligations.

There have been precedents, particularly in the Netherlands, where the courts have indeed forced the government to meet specific greenhouse gases (GHG) reduction goals. This is an existential question for future generations and when one of the branches of government completely fails in its role, the courts can be quite creative in moving into the breach.

Over the weekend, Environment Minister Steven Guilbeault once again illustrated why Canada has become an international laggard in the fight against climate change and why, as a result, this Supreme Court decision has suddenly become much more important.

In a radio interview, Guilbeault had this to say: "[We] recognize that some of the measures that will be needed to achieve those deep emission reductions might require more time than what we have between now and 2030…I'm not saying today it's necessarily going to be 2032, but the companies have said it could be 10 years, which would bring us to 2032."

Those 2030 targets were the same ones Guilbeault used to justify the approval of a major new offshore fossil fuel project just a few months ago. The announcement of the Bay du Nord project came the same week that the Secretary General of the United Nations released a startling new IPCC report and pleaded with world leaders not to approve any new fossil fuel projects. Guilbeault and Trudeau rationalized that after 30 years as an international outlier, Canada was just about to get it right so…we could approve the project.

By Monday, Guilbeault was in full damage control and produced this pearl: "Basically, these companies would be able to use carbon credits to meet some of the regulatory emissions reductions requirements. But again, it would be for a short amount of time, for a short period, two years, and it would be in limited quantity."

When the Trudeau Liberals approved the Bay du Nord project, they turned a deaf ear to the international consensus and took a decision that would be politically popular in a province where the Liberals hold almost all of the seats. Short-term gain for long-term pain.

That’s where the ENJEU legal challenge hopes to make a difference.

When the Liberals signed the Kyoto Protocol, they had no plan. Jean Chrétien’s former chief of staff Eddie Goldenberg famously admitted that it was about “galvanizing public opinionâ€. In other words, it was a political communications exercise, not an environmental decision. That might help explain why Canada went on to have one of the worst records in the world for greenhouse gases emission increases after signing Kyoto.

Canada also went on to become the first country in the world to withdraw from the Kyoto Protocol, the only others being Australia and Russia.

You don’t have to be a climate scientist to understand what you’re seeing around the world this summer. The extreme heat and record temperatures in Europe and the uncontrolled wildfires in California have been modelled and predicted for years now. We knew this was coming, yet successive Canadian governments dithered, denied and delayed.

What’s left other than the courts to force them to act? Even a once respected environmentalist like Guilbeault tries to justify the unjustifiable. Let’s put his arguments to the test in court with real rules of proof and evidence, not political and bureaucratic rationalization.

The Wagner Court is graced with some of the best legal minds to have ever sat on the Supreme Court. That perhaps explains why it has been unable to have any consistent philosophy or approach: too many first class people digging in to show how they can parse, distinguish and, far too often, dissent.

The Lamer Court gave life to the Canadian Charter of Rights and Freedoms and, in particular, to minority language rights. The McLachlin Court will be remembered for its groundbreaking decisions on indigenous rights.

This case, about the environment, sustainable development and the rights of future generations, could become one that also begins to define this court…for the future.

IN DEPTH

Opinion

opinion

opinion Don Martin: Gusher of Liberal spending won't put out the fire in this dumpster

A Hail Mary rehash of the greatest hits from the Trudeau government’s three-week travelling pony-show, the 2024 federal budget takes aim at reversing the party’s popularity plunge in the under-40 set, writes political columnist Don Martin. But will it work before the next election?

opinion

opinion Don Martin: How a beer break may have doomed the carbon tax hike

When the Liberal government chopped a planned beer excise tax hike to two per cent from 4.5 per cent and froze future increases until after the next election, says political columnist Don Martin, it almost guaranteed a similar carbon tax move in the offing.

CTVNews.ca Top Stories

Childhood sleep issues may raise suicide risk, study finds

If your child sometimes has trouble sleeping, it may be easy to chalk it up to a phase they will grow out of one day. But a new study suggests possible serious consequences for this line of thought — such as a higher risk for suicidal ideation or attempts when they are older.

Infectious disease physician Dr. Isaac Bogoch says whooping cough is most risky for unvaccinated infants, children and older people.

Local Spotlight

Cole Haas is more than just an avid fan of the F.W. Johnson Wildcats football team. He's a fixture on the sidelines, a source of encouragement, and a beloved member of the team.

Getting a photograph of a rainbow? Common. Getting a photo of a lightning strike? Rare. Getting a photo of both at the same time? Extremely rare, but it happened to a Manitoba photographer this week.

An anonymous business owner paid off the mortgage for a New Brunswick not-for-profit.

They say a dog is a man’s best friend. In the case of Darren Cropper, from Bonfield, Ont., his three-year-old Siberian husky and golden retriever mix named Bear literally saved his life.

A growing group of brides and wedding photographers from across the province say they have been taken for tens of thousands of dollars by a Barrie, Ont. wedding photographer.

Paleontologists from the Royal B.C. Museum have uncovered "a trove of extraordinary fossils" high in the mountains of northern B.C., the museum announced Thursday.

The search for a missing ancient 28-year-old chocolate donkey ended with a tragic discovery Wednesday.

The Royal Canadian Mounted Police is celebrating an important milestone in the organization's history: 50 years since the first women joined the force.

It's been a whirlwind of joyful events for a northern Ontario couple who just welcomed a baby into their family and won the $70 million Lotto Max jackpot last month.

Stay Connected