Carney government asks court to strike down climate litigation

The federal government is asking a court to toss out a high-profile environmental lawsuit, arguing that it's not required to update Canada's climate plan to meet national emissions reduction targets.

The government also says it's not the court's role to make or direct climate policy, and has filed a motion asking the court to strike the case before it goes to full hearings.

In June, three young people and two environmental groups launched a lawsuit asking the Federal Court to order Ottawa to amend its climate plan.

Since the plan was first launched in 2022, the Liberal government has eliminated key measures needed for Canada to achieve the 2030 target.

The lawsuit alleges that not updating the climate plan violates Canada's climate accountability act, formally known as the Canadian Net-Zero Emissions Accountability Act .

In its first major response on Aug. 14, the government pointed out to the court that the act states that "the Minister may amend an emissions target … or an emissions reduction plan."

In a legal document sent to the court, the government states that line alone is grounds to dismiss the lawsuit before the first hearing.

"Read in its ordinary and grammatical sense, the use of the word 'may' clearly does not impose any obligation to amend," the government said in its submission.

"[The lawsuit] raises broad political and policy issues, these are beyond the Court’s institutional capacity to address," the government's legal submission states.

CBC asked the environment minister's office if this means the federal government will not update its 2030 climate plan.

"The Government of Canada is committed to fighting climate change and reaching net-zero emissions by 2050. As this matter is before the courts, we cannot comment further," said Keean Nembhard, a spokesperson for the minister.

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Although the minister's office didn't say whether it will update its climate plan, the young people who launched the challenge are calling on the court to reject any calls to dismiss it.

"Canadians are living through the devastating reality of not having a meaningful plan to address climate change," said Marie Maltais in a statement. "Yet, at this critical moment, the government is fighting to throw our case out of court, while simultaneously moving ahead with fossil fuel expansion and rolling back key climate protections.”