Welcome

This Activity Is Based On The Follow Cases

Domestic Cases:

  • Mathur, et al v. Her Majesty, 2019
  • Youth Environment c. Attorney General of Canada, 2019 QCCS
  • La Rose v. Canada, 2019
  • Lho’immigin et al v. Canada, 2020

International Cases:

  • Juliana v. United States, 2019
  • Future Generations v. Ministry of the Environment and Others, 2018
  • Urgenda Foundation v. State of the Netherlands, 2015

Situation: You are an associate at a non-profit environmental law organization. You and your colleagues have decided that the time is right to attempt to bring a Charter challenge against the government for its inability to effectively address climate change. You have witnessed the success es of some international cases that have won against their governments and compelled meaningful change in climate change policy in their state. You are also aware of of recent cases both in Canada and abroad that have not fared so well. You intend to learn from these past cases and mount a lawsuit that has the greatest likelihood of success.  

  • In order to do this you will have to decide which type of client(s) would have the strongest claim, and how to effectively address various issues that you will inevitably face such as standing, establishing causation, justiciability, and others.   
  • Before proceeding to the next slide please take some time to consider the type of plaintiffs that would have the strongest case against the government for its failure to effectively address climate change. Where might the plaintiffs live? What might their damages be? What section(s) of the Charter might they claim?