Climate Change Litigation in Canada
摘要
This chapter provides a comprehensive review of the evolving landscape of climate change litigation in Canada. The authors delve into the distinctive features of Canadian climate litigation, emphasizing the intersection of human rights, constitutional frameworks, and regulatory structures. It highlights what has been, to date, a cautious approach on the part of Canadian courts to adjudicate cases with political undertones. It also interrogates claims under sections 7 and 15 of the Charter of Rights and Freedoms to elucidate how claimants have challenged government conduct with respect to greenhouse gas emissions. Moreover, it explores common law doctrines, such as public nuisance, private nuisance, negligence, and negligent misrepresentation, that could be expansively employed in future climate-related cases. Finally, through detailed analyses of completed and ongoing cases, the authors anticipate Canadian courts to be a focal point in pursuing climate accountability. In that light, future cases may target corporate and other private entities rather than just government actors. Overall, this chapter contributes to a burgeoning landscape around climate change litigation in Canada, emphasizing the need to refine doctrinal arguments and policy concerns in order for litigation to have lasting effects on Canada’s contribution to a warming planet.