La Rose v. Canada

La Rose v. Canada

The Statement of Claim is struck without leave to amend because the section 7 and section 15 Charter claims are non-justiciable and in any event disclose no reasonable cause of action due to their undue breadth and diffuse Impugned Conduct lacking definable law or state action and because the remedies sought would improperly intrude into political and policy domains; the public trust doctrine claim, while justiciable, discloses no reasonable cause of action as pleaded because Canadian law does not support the expansive sui generis public trust cause advanced and the pleading lacks material facts to establish it.

Citation
2020 FC 1008
Parties
Plaintiffs: CECILIA LA ROSE BY HER GUARDIAN AD LITEM ANDREA LUCIUK ET AL; Defendants: HER MAJESTY THE QUEEN IN RIGHT OF CANADA AND THE ATTORNEY GENERAL OF CANADA
Court
Federal Court
Jurisdiction
Canada
Judgment Date
27 October 2020
Procedural Posture
Constitutional/charter Action Concerning Climate Change / Motion to Strike Under Federal Courts Rules Rule 221 (decision)
Outcome
Defendants’ motion to strike granted; Statement of Claim struck without leave to amend; no costs awarded
Legal Topics
Justiciability, Section 7 Charter, Section 15 Charter, Public Trust Doctrine, Motion to Strike
Source Language
English
Constitutional Law Charter Law Administrative Law Environmental Law Common Law Obligations/public Trust Justiciability Section 7 Charter Section 15 Charter +2 more

Case Brief

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Parties

CECILIA LA ROSE BY HER GUARDIAN AD LITEM ANDREA LUCIUK ET AL

Plaintiffs

HER MAJESTY THE QUEEN IN RIGHT OF CANADA AND THE ATTORNEY GENERAL OF CANADA

Defendants

Procedural Posture

Constitutional/charter Action Concerning Climate Change / Motion to Strike Under Federal Courts Rules Rule 221 (decision)

Legal Issues

  1. 1 Are the Charter claims justiciable?
  2. 2 Does the section 7 Charter claim disclose a reasonable cause of action?
  3. 3 Does the section 15 Charter claim disclose a reasonable cause of action?

Ratio Decidendi

The Statement of Claim is struck without leave to amend because the section 7 and section 15 Charter claims are non-justiciable and in any event disclose no reasonable cause of action due to their undue breadth and diffuse Impugned Conduct lacking definable law or state action and because the remedies sought would improperly intrude into political and policy domains; the public trust doctrine claim, while justiciable, discloses no reasonable cause of action as pleaded because Canadian law does not support the expansive sui generis public trust cause advanced and the pleading lacks material facts to establish it.

Court Disposition

Defendants’ motion to strike granted; Statement of Claim struck without leave to amend; no costs awarded

Orders

  • The Defendants’ motion to strike the Plaintiffs’ Statement of Claim is granted without leave to amend
  • No costs are awarded