This episode of The Gravity Well features a discussion about the LaRose v. Her Majesty the Queen (now His Majesty the King) climate change lawsuit on Earth Day. The conversation includes Sadie Vipond, a plaintiff in the case, and Andrew Gage, a staff lawyer with West Coast Environmental Law.
Sadie Vipond is a university student studying environmental science with a specialization in ecology and conservation at the University of British Columbia. She has been involved in the case for seven years, starting when she was in grade seven or eight. The case involves multiple young plaintiffs who have all experienced climate change impacts including fires, heat, extreme weather events, flooding, and medical conditions exacerbated by climate effects.
Andrew Gage works for West Coast Environmental Law and has been focusing on climate change for about a decade. His organization joined the case about a year ago when the David Suzuki Foundation stepped back, providing communications, fundraising support, and legal case development assistance. The lead legal representation is handled by the Arvay Finlay LLP firm.
The case challenges the adequacy of Canada’s climate action under Section 7 of the Canadian Charter of Rights and Freedoms, which guarantees the right to life, liberty, and security of the person. The plaintiffs argue that Canada’s Net Zero Emissions Accountability Act falls short of constitutional obligations to protect youth rights. Importantly, the plaintiffs are not seeking monetary compensation but rather a science-based climate recovery plan to hold the government accountable.
The case faced initial legal challenges when it was struck down by courts for being too broad, but the Federal Court of Appeal allowed it to proceed after the plaintiffs amended their pleadings to focus specifically on the Canadian Net Zero Emissions Accountability Act. This appellate decision itself represents a significant precedent recognizing climate change as affecting human rights rather than being merely a political issue.
The case is scheduled for trial in October 2024. Both sides have exchanged expert reports, and the plaintiffs will be submitting affidavits describing their personal experiences with climate change impacts. International Court of Justice rulings confirming climate change as a human rights issue will support their legal arguments.
The public can follow the case through West Coast Environmental Law’s social media channels and Our Children’s Trust. Donations to support case costs can be made through West Coast Environmental Law’s website at wcl.org/climate-litigation. The plaintiffs emphasize that their goal is to start conversations about climate change as a human rights issue and to hold the appropriate entities accountable rather than blaming individual citizens.
Climate change is not your fault, as my partner reiterated yesterday, the fossil fuel industry has chosen to renege on addressing the harms they’ve created. It is up to us coming together to hold them to account! Thank you, Sadie and the other 14 plaintiffs who stood up for your future and mine.
