Our Children’s Trust has supported youth plaintiffs in Canada since 2019, most recently in the youth-led federal climate case, La Rose v. His Majesty the King.

In October 2019, fifteen youth plaintiffs filed the La Rose lawsuit, claiming that the federal legislation of Canada is contributing to dangerous climate change. The case argues that the youth are already being harmed by climate change and the federal legislation is violating their rights to life, liberty and security of the person under section 7 of Canadian Charter of Rights and Freedoms.

The lawsuit asks the Federal Court of Canada to declare that the federal legislation’s conduct violates Charter Rights and order the legislation to prepare and implement a climate recovery plan to reduce Canada’s GHG emissions and decarbonize Canada’s energy system in line with what scientists say is necessary to stabilize the climate system and protect the rights of youth.

The youth plaintiffs are represented by David Wu and Catherine Boies Parker, QC, of Arvay Finlay LLP; Jennie Milligan of Webster Hudson & Coombe LLP; and the brilliant trailblazer Joseph J. Arvay, QC, who was also an architect and lead counsel for this case before his passing in 2020. The plaintiffs are supported by Our Children’s Trust and West Coast Environmental Law, a leading Canadian environmental non-governmental organization. We’re also grateful to the David Suzuki Foundation, a leading Canadian environmental non-governmental organization and partner, for providing early support for the case.

CURRENT STATUS:

On December 13, 2023, three justices from Canada’s Federal Court of Appeal unanimously ruled that the youth deserve a trial, giving them a chance to amend their claim to determine if Canada is fulfilling its constitutional obligations to protect children’s rights to life, liberty, and security of the person under the Charter of Rights and Freedoms.   

On May 31, 2024, the youth plaintiffs filed an amended statement of claim detailing how Canada’s actions contribute to the escalating climate crisis, and on December 11, 2024, the Federal Court of Canada confirmed that the youth plaintiffs will proceed to an approximately 5-week trial, set to begin on October 26, 2026, in Vancouver.