Ottawa | Traditional, unceded territory of the Algonquin Anishinaabeg People – Youth, health, and environmental groups are celebrating a legal victory after the Federal Court rejected the federal government’s attempt to prevent their climate accountability case from proceeding. The applicants will now get their day in court as the case is set to advance to a full hearing on its merits.
“Today’s decision brings us one giant step closer to getting to the heart of our case: is the federal government following its own climate laws?” said youth applicant Marie Maltais from Quebec. “Young people deserve to know whether the promises made about our future are being backed by action.”
“This summer has shown us what climate change looks like when it hits home — from catastrophic wildfires and floods to extreme heat and smoke-filled skies,” said youth applicant Shirley Barnea from Quebec. “While our communities pay the price, the federal government is barreling ahead on a dangerous trajectory with ever more fossil fuel expansion. Despite the federal government’s attempts to strike our case, today we’re feeling encouraged that we will have our day in court, and stand firm in our commitment to seeing this case through.”
In June 2026, youth applicants Sophia Mathur, Marie Maltais, and Shirley Barnea, alongside Environmental Defence and the Canadian Association of Physicians for the Environment (CAPE), launched their case. It alleges that the federal government has abandoned or weakened key measures underpinning Canada’s 2030 Emissions Reductions Plan without updating it as required by law under the Canadian Net-Zero Emissions Accountability Act (CNZEAA). The applicants are represented by lawyers at Ecojustice.
On August 14, 2026, the federal government filed a motion seeking to strike the case before it could proceed to a full hearing on the merits.
For physicians like Dr. Samantha Green, President of the Canadian Association of Physicians for the Environment, these impacts are not abstract. “Doctors are already seeing climate change harm patients’ health across Canada: children struggling to breathe through wildfire smoke, older patients whose hearts and kidneys can’t cope with extreme heat, surgeries postponed by evacuations. In medicine, delaying treatment can cost lives. Delaying action on climate change is no different. Every year our federal government fails to cut emissions is a year of harm we can’t undo.”
In dismissing the government’s motion to strike, the Federal Court has allowed the case to proceed to a full hearing on its merits. The case seeks, among other things, an order compelling the Minister of the Environment, Climate Change and Nature to amend or bring into compliance Canada’s 2030 GHG Emissions Reduction Plan so that it can achieve Canada’s 2030 target to reduce emissions by 40-45 per cent below 2005 levels.
Julia Levin, Environmental Defence Associate Director, National Climate adds: “We’re celebrating today’s victory, because the federal government’s lack of a climate plan isn’t just irresponsible – it’s against the law. The need for climate accountability has never been greater. Canada’s latest State of the Climate Report was a stark warning of what Canadians will face if governments fail to tackle the climate crisis with the urgency it requires. As a result of PM Carney’s actions, Canada is now more than 20 years behind on its international climate commitments.”
“We are in a climate emergency and we cannot afford any delay in dealing with this existential threat” said Ecojustice lawyer Fraser Thomson. “Rather than defend its climate plans in open Court, the federal government tried to strike our clients’ case. Fortunately, the Federal Court has agreed with our clients and dismissed the government’s attempts to strike the case in its entirety. The time for delay is over. The Court can now consider this important issue of climate accountability without further delay.”
Legal analysis:
- In its decision, the Court found that there was no legal or factual basis on which to strike the case.
- The Applicants in this case are seeking orders and/or declarations that the Minister has failed to bring Canada’s 2030 climate plan into line with obligations under CNZEAA. The Court found that “a full interpretive analysis is required to allow the Court to correctly interpret” these provisions and any obligations on the Minister.
- The Court ordered Canada to serve any evidence it wishes to file in the case within 45 days of the decision, so that the schedule towards a full hearing can continue from there.
Background
For additional information, please find our media backgrounder here.
Additional resources
- Legal submission opposing the Motion to Strike (August 27, 2026)
- Link to Case Launch Press Release (June 16, 2026)
- Images of applicants for use (please credit photographer Justin Tang)
ABOUT ENVIRONMENTAL DEFENCE (environmentaldefence.ca): Environmental Defence is a leading Canadian advocacy organization that works with government, industry and individuals to defend clean water, a safe climate and healthy communities.
– 30 –
For more information or to request an interview, please contact:
Lauren Thomas, Environmental Defence, lthomas@environmentaldefence.ca
