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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La Rose v. His Majesty the King - reply

Filed

Canada

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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.

Justice is the ethical and political framework that addresses fairness, including issues of responsibility, rights, and structural inequity.

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

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

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

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

Actions or measures to adapt terrestrial systems to climate change.

Actions or measures to adapt freshwater systems to climate change.

Actions or measures to adapt freshwater, coastal and marine systems to climate change.

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

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

People with different national or cultural traditions from the dominant population

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

This sector involves the wholesale and retail selling of goods.

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

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

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.

La Rose v. His Majesty the King - reply

Target

Risk

Impacted group

Greenhouse gas

Economic sector

Adaptation/resilience

Finance