Canada has constitutional duty to reach climate targets, First Nations argue in lawsuit – The Lawyer’s Daily

Canada has constitutional duty to reach climate targets, First Nations argue in lawsuit – The Lawyer’s Daily

by ahnationtalk on February 24, 2020118 Views

February 24, 2020

Two hereditary chiefs of the Wet’suw’eten Nation have launched a court challenge saying the federal government has violated their peoples’ constitutional rights by continually failing to reach its climate targets, a case their lawyer says will continue even if the standoff over the controversial Coastal GasLink pipeline ends.

The chiefs, Lho’imggin and Smogilhgim, also known as Alphonse Gagnon and Warner Naziel respectively, have brought the suit on behalf of themselves and their two Wet’suwet’en House groups. They are asking for a declaration that the federal government has a common law and constitutional duty to keep mean global warming to between 1.5 and two degrees Celsius above pre-industrial levels, which it agreed to as part of the 2015 Paris climate agreement. The suit also asks the court to make an order requiring Parliament to amend environmental assessment statutes to give the federal cabinet power to cancel projects which have high greenhouse gas (GHG) emissions.

“The defendant has deprived the plaintiffs of their right to life, liberty and security of person by making laws that allow high GHG-emitting projects to operate now and into the future in breach of Canada’s fair contribution to keep global warming to non-catastrophic levels,” the statement of claim said.

Read More: https://www.thelawyersdaily.ca/articles/17884/canada-has-constitutional-duty-to-reach-climate-targets-first-nations-argue-in-lawsuit

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