The justices noted in their decision, “Climate change is having a dramatic, rapidly unfolding effect on all Canadians and on northern and Indigenous communities in particular.” The justices quoted the Supreme Court of Canada, which recognized that climate change has had a ‘particularly serious effect’ on Indigenous peoples and Indigenous territories, ‘threatening the ability of Indigenous communities in Canada to sustain themselves and maintain their traditional ways of life.’
The justices also noted that global change is not a distant problem, but current and consequential now, and that “it is also beyond doubt that the burden of addressing the consequences will disproportionately affect Canadian youth.”
The La Rose case was filed by 15 young people from seven provinces and one territory on October 25, 2019. The youth claim Canada’s federal government is contributing to dangerous climate change. The case argues that the youth are already being harmed by climate change and the federal government is violating their rights to life, liberty, and security for failing to protect public trust resources. The plaintiffs also allege that Canada’s conduct violates their Charter rights, since youth are disproportionately affected by the effects of climate change.
