Recent Youth-Led and Rights-Based Climate Change Litigation in Canada: Reconciling Justiciability, Charter Claims and Procedural Choices

Camille Cameron and Riley Weyman

Journal of Environmental Law, 2022, vol. 34, issue 1, 195-207

Abstract: This analysis examines three recent and ongoing Canadian climate change litigation cases: ENvironnement JEUnesse c Procureur général du Canada, La Rose v Canada and Mathur v Ontario. Consistent with international climate change litigation trends, these cases are youth-led and rights-based and they advance claims for present and future generations. They present apparently conflicting judicial views on the justiciability of climate change claims and on the use of the Canadian Charter of Rights and Freedoms to advance such claims. We examine these issues. We also analyse the insights the cases offer into the connections between litigants’ procedural choices and early success, either in withstanding a motion to strike, or in obtaining court authorisation to proceed by way of class action.

Keywords: youth-led climate change litigation; rights-based climate change litigation; Canadian Charter of Rights and Freedoms; justiciability; environmental rights (search for similar items in EconPapers)
Date: 2022
References: Add references at CitEc
Citations:

Downloads: (external link)
http://hdl.handle.net/10.1093/jel/eqab026 (application/pdf)
Access to full text is restricted to subscribers.

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:oup:envlaw:v:34:y:2022:i:1:p:195-207.

Access Statistics for this article

Journal of Environmental Law is currently edited by Sanja Bogojević

More articles in Journal of Environmental Law from Oxford University Press
Bibliographic data for series maintained by Oxford University Press ().