LA ROSE V. HIS MAJESTY THE KING
Our Children’s Trust has supported youth plaintiffs in Canada since 2019, most recently in the youth-led federal climate case, La Rose v. His Majesty the King.
In October 2019, sixteen youth plaintiffs filed the La Rose lawsuit, claiming that the federal government of Canada is contributing to dangerous climate change. The case argues that the youth are already being harmed by climate change and the federal government is violating their rights to life, liberty and security of the person under section 7 of Canadian Charter of Rights and Freedoms. The youth plaintiffs also allege that Canada’s conduct violates their right to equality under section 15 of the Charter, since youth are disproportionately affected by the effects of climate change.
The lawsuit asks the Federal Court of Canada to declare that the government’s conduct violates Charter Rights and order the government to prepare and implement a climate recovery plan to reduce Canada’s GHG emissions and decarbonize Canada’s energy system in line with what scientists say is necessary to stabilize the climate system and protect the rights of youth.
The youth plaintiffs are represented by Catherine Boies Parker, QC and David Wu of Arvay Finlay LLP and Chris Tollefson of Tollefson Law Corporation; the brilliant trailblazer Joseph J. Arvay, QC was also an architect and co-counsel for this case before his passing in 2020. The plaintiffs are supported by Our Children’s Trust and The David Suzuki Foundation, a leading Canadian environmental non-governmental organization, as well as the Pacific Centre for Environmental Law and Litigation (CELL), an educational partner using this lawsuit to train the next generation of public interest lawyers.
Current Status
On December 13, 2023, three justices from Canada’s Federal Court of Appeals unanimously ruled that the youth deserve a trial, giving them a chance to amend their claim to determine if Canada is fulfilling its constitutional obligations to protect children’s rights to life, liberty, and security of the person under the Charter of Rights and Freedoms.
On May 31, 2024, the youth plaintiffs filed an amended statement of claim detailing how Canada’s actions contribute to the escalating climate crisis and on December 11, 2024, the Federal Court of Canada confirmed that the youth plaintiffs will proceed to an 8-week trial, set to begin on October 26, 2026, in Vancouver.
major moments timeline
The following is a timeline of major moments, filings, and rulings in La Rose v. His Majesty the King, from 2019 to today:
Saturday, November 25
October 25, 2019: Case Filed
Fifteen Canadian youth filed a lawsuit against their federal government in the Federal Court of Canada.
Saturday, November 25
May 11, 2020: Case Management Conference
Attorneys for the youth plaintiffs met by phone with attorneys representing the federal government of Canada for a case management conference. During this meeting, the federal government of Canada informed the Federal Court that it planned to file a motion to strike the youth plaintiffs’ claim in order to stop the case from proceeding to trial.
Saturday, November 25
July 10, 2020: Defendants Moved to Strike
Attorneys for the federal government moved to strike the plaintiffs’ statement of claim.
Saturday, November 25
August 31, 2020: Response Filed
Attorneys for the youth plaintiffs filed their response to the Canadian government’s motion to strike the youths’ claims.
Saturday, November 25
September 24, 2020: Online Briefing
An online briefing with attorneys and youth plaintiffs was held to discuss the case in advance of the upcoming hearing. A recording of this online event can be viewed here.
Saturday, November 25
September 30-October 1, 2020: Headed to Court
Attorneys for the youth plaintiffs presented arguments during a two day public hearing in Vancouver, British Columbia.
Saturday, November 25
October 27, 2020: Motion to Strike Granted
In spite of acknowledging that “the negative impact of climate change to the Plaintiffs and all Canadians is significant, both now and looking forward into the future,” Justice Michael D. Manson of the Federal Court of Canada granted the government’s motion to strike the plaintiffs’ claim. Attorneys for the youth plaintiffs intend to appeal.
Saturday, November 25
November 24, 2020: Notice of Appeal Filed
Attorneys for the youth plaintiffs filed their Notice of Appeal with the Federal Court of Appeals, alleging Justice Manson erred in striking the plaintiffs’ claims in his October 27th ruling.
Saturday, November 25
May 3, 2021: Opening Brief Filed
Attorneys for the youth plaintiffs filed their opening brief arguing that the lower court’s October ruling incorrectly struck their claims.
Saturday, November 25
February 14-15, 2023: Virtual Court Hearing
On February 14-15, 2023, attorneys for the youth plaintiffs presented their arguments before a panel of Federal Court of Appeal judges via a virtual hearing. During the two-day hearing, the youth’s attorneys argued as to why the case should be allowed to proceed to trial.
Saturday, November 25
December 13, 2023: Judge Rules in Favor of Youth Plaintiffs
Three justices from the Federal Court of Appeals unanimously ruled in favor of the plaintiffs proceeding to trial by allowing them to amend their section 7 claim to protect their lives, liberties and security of the person.
Thursday, December 14
May 31, 2024: Amended Statement of Claim Filed
The youth plaintiffs filed their amended complaint in accordance with the court’s December 13, 2023, ruling so the case can proceed to trial.
Monday, June 3
December 11, 2024: Federal Court of Canada Confirms Trial
The Federal Court of Canada set dates for the parties to appear in court for trial, beginning October 26, 2026.
Tuesday, January 21
January 13, 2025: Further Amended Statement of Claim to Defendants
The youth plaintiffs filed an amended complaint outlining what they are asking the court to do, such as declaring that Canada’s Net-Zero Emissions Accountability Act and its 2030 plan violate their rights under section 7 of the Canadian Charter of Rights and Freedoms, ordering the government to develop and implement a science-based climate recovery plan that aligns with the best available science, and ensuring that they can seek judicial review if the government fails to comply.
Wednesday, February 5
TODAY: Preparing for Trial
The youth plaintiffs and their attorneys are now preparing for trial in October 2026.