Class Actions, Climate Change, and the Charter: Is Success Possible in Common Law Canada?

• Author: Eliza Lynn Brown
• Pages: 37-65

37

Class Actions, Climate Change, and the Charter:

Is Success Possible in Common Law Canada?

Eliza Lynn Brown

AbstrAct:The global temperature is set to rise to irreversible and haz-

ardous levels by 2030. In Canada and around the world, governments

have been failing to act with the urgency these circumstances demand.

Internationally, rights-based class proceedings have been used to pres-

sure governments into action. In common law Canada, such proceedings

would provide an opportunity for the judiciary to depart from the con-

servative approach to certif‌ication used in environmental class actions.

While the f‌irst Canadian attempt is being brought in Quebec where a

liberal approach makes authorization more likely, one successful class

action will not be enough. Given that applicable rights can be found in

the Canadian Charter of Rights and Freedoms, climate change class actions

in common law jurisdictions are possible, and they could play an import-

ant role in reducing emissions in Canada.

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