The Shield of 'May': How Ottawa's Legal Maneuvers Threaten Environmental Accountability
AI-generated image · Bay Street Wire
By arguing that climate policy is beyond the court's jurisdiction, the Carney government is attempting to dismantle the legal safeguards meant to protect Canadians from environmental negligence.
The federal government is attempting to build a legal fortress around its climate policy, and if successful, the resulting void of accountability will be felt across Canada. As first reported by CBC News, the government of Prime Minister Mark Carney has filed a motion with the Federal Court asking to strike down a high-profile environmental lawsuit before it reaches full hearings, arguing that the judiciary has no business directing Canada's climate strategy.
Launched in June by three young people and two environmental groups, the lawsuit seeks a court order to force Ottawa to amend its climate plan. The plaintiffs allege that since the plan's inception in 2022, the government has eliminated key measures necessary to meet 2030 national emissions reduction targets.
At the heart of the government's defense is a semantic loophole within the Canadian Net-Zero Emissions Accountability Act. Ottawa argues that because the act states the Minister "may amend" a plan, the word "may" does not impose a legal obligation to do so. This interpretation suggests that the mechanisms to achieve legally binding targets are optional.
Kyle Harrietha, who helped shepherd the act through Parliament in 2021 and now runs DOPA Services, told CBC News he is unsure if the government possesses "unfettered discretion" here, noting such discretion was likely never intended to allow the government to make major policy changes while leaving the formal plan unamended.
Beyond the linguistics, Ottawa argues that the lawsuit raises "broad political and policy issues" beyond the court's "institutional capacity." Marie Maltais, one of the young plaintiffs, stated that Canadians are enduring the "devastating reality" of lacking a meaningful climate plan, while Julia Levin of Environmental Defence described the government's recent decisions as a "deeply irresponsible and cynical way to govern."
When questioned by CBC News on whether the 2030 plan will be updated, spokesperson Keean Nembhard declined to provide a definitive answer, stating only that the government remains committed to net-zero emissions by 2050. If the court accepts the government's premise, the Accountability Act risks becoming a hollow document, removing a critical check on federal environmental negligence.