Verdicts made by UN court might change Canada's climate duties
Globally, the landscape of climate litigation is expanding. Since the Paris Agreement was signed in 2015, there have been over 2,600 climate-related litigation cases.
The upcoming advisory opinion from the International Court of Justice (ICJ) on states' legal obligations to address climate change could have far-reaching implications, including for Canada.
The ICJ's decision will address two key questions: the international legal responsibilities of countries to mitigate greenhouse gas emissions and the legal consequences for failing to fulfill these responsibilities.
Although the ICJ's opinion will be non-binding, it is anticipated to carry significant influence in shaping international climate policy and could impact how Canadian courts interpret governmental responsibilities regarding climate change.
This could lead to more stringent requirements for governments to meet their climate commitments.
In Canada, there are already various climate-related legal challenges underway.
These include:
Competition Bureau Canada’s Investigation: Examining alleged greenwashing practices by the Pathways Alliance.
Wet’suwet’en Challenges: Legal actions asserting that certain fossil fuel projects infringe on Indigenous rights.
Youth Climate Challenge: The Mathur case, where young people argue that Ontario's rollback of emission reduction targets violates their Charter rights by exacerbating climate impacts that affect their health.
Fraser Thomson of Ecojustice highlights that as political measures have often fallen short, citizens and advocacy groups are increasingly seeking judicial intervention to ensure governments uphold their climate commitments.
The ICJ's advisory opinion could provide important legal and moral guidance that strengthens these efforts, both in Canada and globally.
The Mathur case and the broader trend in climate-related litigation underscore a growing global movement to hold governments and corporations accountable for their contributions to climate change.
The case, involving youth challenging Ontario’s rollback of emission reduction targets, argues that such actions violate their constitutional rights to life, security, and equality.
While the Ontario Superior Court dismissed the case in April 2023, it is now under appeal, with potential to influence how Canadian governments approach climate policy.
Globally, the landscape of climate litigation is expanding. Since the Paris Agreement was signed in 2015, there have been over 2,600 climate-related litigation cases.
The majority of these cases have emerged since 2015, with a significant concentration occurring in the United States. In Canada, there have been 38 such cases to date.
Recent reports, like the one from the London School of Economics and Political Science’s Grantham Research Institute, indicate a shift towards strategic litigation aimed at high-impact areas.
The focus is broadening beyond the fossil fuel sector to include industries such as airlines, food and beverage, e-commerce, and financial services.
The upcoming advisory opinion from the International Court of Justice (ICJ) will be crucial in shaping the legal landscape. Requested by the UN General Assembly in March 2023, this opinion aims to clarify the legal obligations of states regarding climate change.
The ICJ’s decision could extend beyond emissions reduction to include broader considerations such as biodiversity protection, as urged by Adil Najam of the World Wide Fund for Nature. Najam emphasizes that safeguarding the climate system necessitates also protecting biodiversity and human rights, including access to a healthy environment, clean food, and water.
The anticipated ICJ advisory opinion, while non-binding, is expected to have significant moral and legal influence, potentially impacting international climate negotiations and domestic climate policies worldwide.
