Lho'imggin et al. v. Her Majesty the Queen

Two houses of the Wet'suwet'en indigenous group filed a legal action alleging that the Canadian government's approach to climate change has violated their constitutional and human rights. The Court dismissed the claim and found that the case was not justiciable.

Background
The applicants allege that Canada failed its international obligations, notably under the Paris Agreement, to which it is party, and continues to fail to fulfill them. They consider that Canada has not implemented the laws and policies necessary to ensure its commitments under the Paris Agreement are respected, including limiting average global warming under 2°C from pre-industrial levels.

They claim that they have seen the effects of climate change (forest insect infestations, wildfires, and a decline in forest food animals and salmon) on their territories. They assert that as the climate situation worsens the predicted harms will increase. They consider that Canada's inaction violates their human rights guaranteed by Article 7 and 15 of the Canadian Charter of Rights and Freedoms

The plaintiffs seek a declaratory relief affirming Canada's obligation to act to limit global warming, but also not to infringe their guaranteed human rights. They are also seeking an order requiring the Defendant to amend each of its environmental assessment statutes that apply to extant high GHG emitting projects so as to allow to cancel Canada's approval of the operation in the event that the Government will demonstrably not be able to, or does not, meet its Paris Agreement commitment. In addition, they ask an order requiring the Government to prepare an annual account of Canada's cumulative greenhouse gas emissions in a format that allows a comparison to be made with Canada's fair carbon budget to meet a mean global temperature rise well below 2°C above pre-industrial levels.

Relevant Law and Principles

 * Paris Agreement, Paris Agreement
 * The Canadian Charter of Rights and Freedoms

Ruling
''“Canada accepts that climate change affects everyone and will affect Canadians in the future. Canada’s position is that this legal proceeding does not constitute an appropriate or functional vehicle for these issues to be addressed by this Court.”''

Links

 * Sabin Center Database
 * Grantham Research Institute