June 17, 2026: Order Granting Plaintiffs’ Motion to Call Eight Expert Witnesses

The Federal Court of Canada granted the youth plaintiffs’ motion to call eight expert witnesses at trial instead of five, recognizing that the case’s constitutional significance and scientific complexity warrant a comprehensive evidentiary record. The ruling allows the plaintiffs to present the full range of expert testimony on climate science, children’s health, indigenous knowledge, and clean energy economics, in addition to testimony from the Plaintiffs themselves.  

In his decision, Justice Fothergill said, “I agree with the Plaintiffs that the nature of this litigation weighs heavily in favour of granting leave to call more than five expert witnesses. This case is a matter of considerable public importance, not only because of the factual context but also because of its constitutional implications. The Federal Court of Appeal has recognized the potential significance of this case for clarifying the boundaries of s 7 of the Charter.” He also acknowledged that “the impact of this case may be profound” if the youth prevail.