A judge ruled that the youth-led federal case in Canada, La Rose v. Her Majesty the Queen must take their case to a higher court...

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Dear friends,

Today, a judge ruled that the youth-led federal case in Canada, La Rose v. Her Majesty the Queen ([link removed]) must take their case to a higher court before proceeding to trial. However, we vehemently disagree with the judge’s reasoning and the youths’ amazing legal team is already planning the appeal. These brave young Canadians deserve their day in court!

The 15 youth plaintiffs, who come from seven provinces and one territory, launched their case a year ago because the Canadian government causes, contributes to, and allows dangerous levels of greenhouse gas emissions, and therefore is responsible for climate change harms they are experiencing.

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. He admitted the case would be based on scientific data, but bought into the misguided argument of defendants that climate change is political and not a topic for the courts. Well, we know that is outrageous. The safety of our climate, our water, our air, our children’s health is not just a matter of politics. It’s a matter of our rights and protection from dangerous government conduct, which is the duty of the courts to address.

Closing the courthouse doors to children is a great injustice. These youth rely on the judiciary to protect their rights, their lives, and their future. With the clock ticking on a climate catastrophe, we must act now. The courts have a responsibility to these young Canadians to protect them and hold those endangering their lives accountable.

“Today’s decision is a slap in the face and a big wake-up call for all Canadian and Indigenous youth,” said Sophia, one of the youth plaintiffs. “Canada has tried to silence our voice in court and block our calls for climate justice. We won’t be dissuaded. I, along with my co-plaintiffs, will continue to fight for the Charter rights of all Canadian and Indigenous youth to hold Canada accountable.”

Mikaeel, an 11-year-old youth plaintiff, commented, "I can't express my disappointment in the justice system for denying the rights of young Canadians. As someone who can't vote, realizing that my only protection is not something that I can rely on is disappointing."

“I am incredibly disheartened by the court’s ruling,” said youth plaintiff Lauren, 16. “As a young Canadian whose rights are being violated, having the court grant the government’s motion to strike is very upsetting, and I feel that my rights to a safe and healthy future are not being taken seriously by those in power.”

Albert, 18, commented, “It would be a shame that the Constitution be of no help when it comes to this existential crisis. If courts can't rule in favour of justice, then who can? I hope the Court of Appeals will agree with me. Whatever happens, we will not make it possible for them to keep threatening our ability to live. There is just no other option. Ce serait une aberration que la Constitution soit jugée inutile pour garantir nos droits et nous protéger face à cette crise existentielle. Si les tribunaux ne peuvent pas intervenir en faveur de la justice, qui le peut? J'espère que le ou la juge de la cour d'appel sera de mon avis. Peu importe, nous ne pouvons pas laisser le gouvernement continuer à jouer avec nos vies. Ce n'est tout simplement pas une option.”

While we are frustrated with the injustice of today’s ruling, it is nowhere near the end for this historic case. In partnership with their Canadian attorneys, the David Suzuki Foundation, and the Pacific Centre for Environmental Law and Litigation (CELL), we will continue to fight on behalf of these young plaintiffs. As noted by 16-year-old youth plaintiff, Haana, “The decision to strike all claims is disappointing but not discouraging, what we are doing is important work, and there are many next steps ahead.” Sadie, 14, agreed, “I'm concerned for my future, the future of the world and the future of Canada if we continue to act like we are now. I need this case to continue for the safety of all the young people in Canada. But, this case is not over. Us young people will never stop fighting for our future.”

We are determined, we are steadfast, and we are on the right side of justice. And now we will appeal.

Thank you for your unwavering support.

The Team at Our Children’s Trust
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