Monday, a trial begins in Vancouver whose outcome could significantly alter climate change policies across the country.
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outcome → begin → country
A group of youth are taking the federal government to court for failing to adequately address climate change, arguing that their Section 7 Charter rights — to life, liberty and security of the person — have been breached.
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rights → take → person
Three years ago, the Federal Court of Appeal allowed the claim to go forward, saying that just because climate change legislation might be complex or reflect a political choice did not mean claims were not justifiable.
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claims → allow → choice
Laws, regulatory instruments and orders in council are all subject to scrutiny under the Charter, the court affirmed.
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court → affirm → Charter
That case, La Rose v. His Majesty the King, comes as Prime Minister Mark Carney’s government continues to give itself the power to gut environmental laws through roundabout ways, while failing to disclose the risks to Parliamentarians and Canadians.
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government → come → Parliamentarians
Under Carney’s C-39 legislation — the Building Canada Strong Act — despite a science-based review, the environment or fisheries minister is prevented from stopping a project that would wipe out an entire endangered species from the planet.
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that → base → planet
As the legislation is currently written, the ministers could only try to add conditions to certain kinds of projects — conditions that the government gives itself the power to later remove.
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government → write → power
In committee this week, Environment Minister Julie Dabrusin side-stepped the issue.
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Dabrusin → step → issue
She also failed to mention that the “real deep dive” review she described for designated “regions of national interest” would not be binding on cabinet.
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she → fail → cabinet
It follows a pattern.
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It → follow → pattern
This week, Justice Minister Sean Fraser tabled Bill C-39’s Charter statement — a legal requirement (which should have been tabled last month) that outlines the potential legal risks of the legislation.
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that → table → legislation
The statement made no mention of a potential Section 7 Charter risk, nor did it consider the legislation’s environmental or climate impacts.
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it → make → impacts
“The fact that the federal government has signalled a desire to use (C-39), among other things, to fast-track fossil fuel projects that are causing the climate crisis certainly gives rise to Charter risks,” said Anna Johnston, a staff lawyer at West Coast Environmental Law.
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Johnston → signal → Law
Outside of fossil fuel projects, she noted, mining projects, for example, could have a significant impact on drinking water and air pollution, which could give rise to Charter challenges under Section 7 or Section 15 (equality) rights.
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which → note → rights
If a “region of national interest” was established near racialized or Indigenous communities and that ended up unduly harming those communities, Johnston noted, that could give rise to a Section 15 claim.
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that → establish → claim
“Department of Justice lawyers should be flagging that to Parliamentarians,” Johnston said.
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Johnston → flag → Parliamentarians
They did flag other potential violations of the Charter — namely on C-39’s impact on collective bargaining and Section 2(d) of the Charter, the right to freedom of association.
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They → flag → association
Most notably, the Charter statement acknowledged C-39’s proposed amendment to Section 107 of the Canada Labour Code — giving the minister power to end labour disputes unilaterally — “may engage the right to strike” under Section 2(d).
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amendment → acknowledge → Section
“Hats off to the honesty of the people who drafted that opinion,” said Osgoode Hall Law School Professor Valerio De Stefano.
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Stefano → draft → opinion
The government seems aware its changes “may be at odds with the Charter,” De Stefano explained.
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Stefano → seem → Charter
“It’s remarkable the government is admitting that.”
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government → ’ → that
Government lawyers may be acknowledging it, but the minister in charge of the file is not.
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minister → acknowledge → file
Jobs Minister Patty Hajdu told MPs Monday that unions and workers “can feel confident” that C-39 “protects, and, in fact, strengthens their Charter right to strike.”
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C-39 → tell → right
Leading constitutional and labour lawyer Paul Cavalluzzo disagreed.
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Cavalluzzo → lead → ?
“What Bill 39 does, it expressly gives the power to the minister to take away the right to strike,” he told the Star.
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he → give → Star
In 2015, the Supreme Court, in Saskatchewan Federation of Labour v. Saskatchewan, recognized a constitutional right to strike under Section 2(d) of the Charter.
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Court → recognize → Charter
“That’s very clear,” said Cavalluzzo.
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Cavalluzzo → ’ → ?
“I think the prime minister … is getting very bad advice on this file.”
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minister → think → file
“If Bill 39 is passed, (it) will have to be reviewed by the Supreme Court of Canada,” he added.
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he → pass → Canada
This week, the NDP, the Green Party, and the Bloc Québécois joined forces with environmentalists and labour activists to demand the government abandon C-39 and return to the drawing board.
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government → join → board
That’s unlikely to happen.
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That → ’ → ?
Meanwhile, opposition MPs are grappling with their concerns being ignored and discredited.
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concerns → grapple → ?
In the House, Green Party Leader Elizabeth May and NDP MP Heather MacPherson said Liberal MP Shannon Miedema had attacked their integrity and honesty by characterizing their opposition to C-39 as a “wild disinformation campaign.”
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Miedema → say → campaign
“That’s true!” screamed Liberal MP Chris Bittle, as May spoke.
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May → ’ → ?
Then, Bittle suggested misinformation and disinformation were meaningless terms Parliamentarians toss around.
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Parliamentarians → suggest → ?
As La Rose heads to trial, what’s being tested may be more than federal climate policy.
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tested → head → policy
It may be whether Canadians can hold government accountable in ways Parliament has so far failed to do.
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Parliament → hold → ways
The Aporia
