Youth continue their slow battle through the courts for a livable climate: Updates for Environnement Jeunesse and Juliana

On June 6, lawyers presented an application to the Superior Court of Quebec on behalf of  ENvironnement JEUnesse . The application seeks authorization to bring a class action against the Canadian government on behalf of Quebeckers aged 35 and under, on the grounds that the government is infringing on their rights under the Canadian Charter of Rights and Freedoms and the Quebec Charter of Rights and Freedoms  by inadequate action to prevent climate change .  ENvironnement JEUnesse is asking the Court to order the government to implement a greenhouse gas reduction target and the measures necessary to respect the group members’ fundamental rights, and to pay an amount equivalent to $100 per member of the class action. The application suggests that the money, an estimated $340 million, could be invested measures to address the climate crisis.  The Court is now considering the application, with no date given for an expected decision.

The path to climate justice is intergenerational”  is an Opinion piece co-authored by a member of ENvironnement JEUnesse, appearing in the Montreal Gazette. It puts the ENvironnement JEUnesse case in the context of the worldwide Fridays for Future movement, and the Intergenerational Climate Coalition in Canada.  The ENvironnement JEUnesse website  provides French and English documentation and a timeline, as well as a summary of related cases, such as the Urgenda case of the Netherlands and the Juliana case in the U.S. . The best summary appears in the National Observer.  A Canadian Press article,  “Young Quebecers present arguments seeking class action against Ottawa”  appeared in the Montreal  Gazette on June 6 and incorrectly states that this is the first such case in the world by young people – an error which coincides with the latest court appearance on June 4  by the most famous young people’s suit, the  Juliana case.

Juliana vs. United States Government:  In the case  Juliana vs. United States, lawyers for children and young adults in the U.S. rely on the public trust doctrine,  accusing the federal government of violating their constitutional rights by failing to take action on climate change and continuing to promote and subsidize fossil fuels. The case originated in 2015 against the Obama government, and continues under the more hostile Trump administration, which argues that court doesn’t have the authority to order the political branches of government to act. Juliana has been called “the trial of the century” and is expected to be precedent-setting – accordingly, it is moving glacially and judges are being cautious, with no date set for a decision.  On June 4, one of the three judges, Judge Andrew Hurwitz stated, “You present compelling evidence that we have a real problem. You present compelling evidence that we have inaction by the other two branches of government. It may even rise to the level of criminal neglect. But the tough question for me is do we get to act because of that.”

Reports of the June 4 appearance are in the New York Times in “Judges give both sides a grilling in Youth Climate Case Against the Government” (June 4); “Ninth Circuit judges seem skeptical of role in kids climate  suit vs U.S. government in Climate Liability Newsand “Kids Face Rising Health Risks from Climate Change, Doctors Warn as Juliana Case Returns to Court” in Inside Climate News (June 4) . An historical summary appears in  “Question of the century: do we have a right to a livable climate?” in Resilience.

The case is being argued by Our Children’s Trust , which has compiled news and detailed documentation over the four years spent so far.