La Rose v. Her Majesty the Queen
Summary
The case of La Rose v. Her Majesty the Queen involved a claim by fifteen Canadian youths asserting that Canada's greenhouse gas emissions and support for fossil fuel industries were incompatible with a stable climate and violated their rights under the Canadian Charter of Rights and Freedoms and the public trust doctrine. The Federal Court of Canada dismissed the claim, ruling that the Charter-based arguments were not justiciable because they sought judicial intervention in overall government policy and that the public trust doctrine was not supported in Canadian law.
Key insights
- Fifteen Canadian youths alleged that the government of Canada contributed to greenhouse gas emissions in a manner "incompatible with a stable climate" and failed to meet national reduction targets established in international agreements between 1988 and 2015.
- The plaintiffs argued that climate change had negatively affected their physical, mental, and social well-being, and that as youth, they bore a disproportionate share of the climate crisis burden.
- The Federal Court dismissed the claims based on the Canadian Charter of Rights and Freedoms, ruling they were not justiciable because the plaintiffs were seeking the court to intervene in Canada's general climate policy, which is considered too political for the courts to handle.
- The court ruled that the requested remedies—including a Climate Recovery Plan—were not legitimate within Canada's constitutional democracy as they represented an incursion into the functions of the executive and legislative branches.
- While the court found the claim regarding the public trust doctrine to be justiciable as a legal question, it concluded that such a doctrine was not supported in Canadian law and disclosed no reasonable cause of action.
Cite the original document
- APA
- admin (2022). La Rose v. Her Majesty the Queen. ClimaTalk. https://climatalk.org/2022/05/27/la-rose-v-her-majesty-the-queen/
- Chicago
- admin. La Rose v. Her Majesty the Queen. ClimaTalk, 2022. https://climatalk.org/2022/05/27/la-rose-v-her-majesty-the-queen/.
- Wikipedia
- {{cite report |last1=admin |title=La Rose v. Her Majesty the Queen |publisher=ClimaTalk |date=27 May 2022 |url=https://climatalk.org/2022/05/27/la-rose-v-her-majesty-the-queen/ |access-date=23 October 2026 |via=Climate Insights Directory}}
- BibTeX
- @techreport{admin2022rose, author = {admin}, title = {{La Rose v. Her Majesty the Queen}}, institution = {ClimaTalk}, year = {2022}, month = may, url = {https://climatalk.org/2022/05/27/la-rose-v-her-majesty-the-queen/}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }
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