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Carney government asks court to strike down climate litigation

   David Thurton
   | CBC News | Posted: August 29, 2026 8:00 AM | Last Updated:
   August 29

   Ottawa argues courts should not direct climate policy

   Image | US Cda Tarrifs 20260721

   Caption: Prime Minister Mark Carney makes a statement outside
   the Office of the Prime Minister and Privy Council in Ottawa on
   July 21. (Justin Tang/The Canadian Press)
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   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.
     * Youth, advocacy groups sue Carney government over climate
       rollbacks

   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.
   Ottawa also said Canada's courts don't make or direct climate
   policy.
   "[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.
   WATCH | Climate groups take Carney government to court in June:

   Media Video |

   Caption: Environmental groups are suing the Carney government
   to try and force the development of a climate plan they say
   will achieve Canada's legally binding climate targets.
   Environmental Defence Canada’s Julia Levin called Carney's
   recent decisions a 'deeply irresponsible and cynical way to
   govern.'
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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.”
   Kyle Harrietha, who worked for a decade in several roles
   including as the chief of staff to the energy minister and
   parliamentary affairs director for the environment minister,
   believes the government should update its climate plan.
   Harrietha helped shepherd the Canadian Net-Zero Emissions
   Accountability Act through Parliament in 2021, and now runs his
   own parliamentary consulting firm, DOPA Services.
   "I'm not sure the government has unfettered discretion on
   this," Harrietha said. "I would say as someone who was in the
   room when this act was developed … that discretion was never
   intended to create a circumstance where the government would
   make major changes to its climate policy and then leave the
   plan unamended."

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