IDEAS home Printed from https://ideas.repec.org/a/oup/envlaw/v34y2022i1p195-207..html
   My bibliography  Save this article

Recent Youth-Led and Rights-Based Climate Change Litigation in Canada: Reconciling Justiciability, Charter Claims and Procedural Choices

Author

Listed:
  • Camille Cameron
  • Riley Weyman

Abstract

This analysis examines three recent and ongoing Canadian climate change litigation cases: ENvironnement JEUnesse c Procureur général du Canada, La Rose v Canada and Mathur v Ontario. Consistent with international climate change litigation trends, these cases are youth-led and rights-based and they advance claims for present and future generations. They present apparently conflicting judicial views on the justiciability of climate change claims and on the use of the Canadian Charter of Rights and Freedoms to advance such claims. We examine these issues. We also analyse the insights the cases offer into the connections between litigants’ procedural choices and early success, either in withstanding a motion to strike, or in obtaining court authorisation to proceed by way of class action.

Suggested Citation

  • Camille Cameron & Riley Weyman, 2022. "Recent Youth-Led and Rights-Based Climate Change Litigation in Canada: Reconciling Justiciability, Charter Claims and Procedural Choices," Journal of Environmental Law, Oxford University Press, vol. 34(1), pages 195-207.
    • Handle: RePEc:oup:envlaw:v:34:y:2022:i:1:p:195-207.
    as

    Download full text from publisher

    File URL: http://hdl.handle.net/10.1093/jel/eqab026
    Download Restriction: Access to full text is restricted to subscribers.
    ---><---

    As the access to this document is restricted, you may want to search for a different version of it.

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:oup:envlaw:v:34:y:2022:i:1:p:195-207.. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Oxford University Press (email available below). General contact details of provider: https://academic.oup.com/jel .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.