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15 Canadian Youth Launch Federal Climate Lawsuit to Protect Their Charter and Public Trust Rights

October 25, 2019

These young Canadians are taking the federal government to court for its role in climate change.
Photo Credit: Robin Loznak, 2019.

VANCOUVER, B.C. (25 October 2019) — Today, 15 young Canadians from across the country filed a lawsuit against the federal government of Canada for contributing to dangerous climate change.

The case argues 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 the Canadian Charter of Rights and Freedoms and for failing to protect essential public trust resources. The youth also allege that their government’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 youth, from seven Canadian provinces and the Northwest Territories, are represented by the law firms of Arvay Finlay LLP and Tollefson Law Corporation, and are supported by the Pacific Centre for Environmental Law and Litigation (CELL), David Suzuki Foundation, and Our Children’s Trust.

The lawsuit calls on Canada to cease violating the youth’s Charter and public trust rights and prepare and implement a plan that reduces Canada’s GHG emissions in a manner consistent with what best available science indicates is needed for the federal government to protect young Canadians, do its fair share to stabilize the climate system, and avert the catastrophic consequences of climate change.

You can read the claim here.

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EMMA CAMICIOLI

Law Student

  • 4th Place in 2023 Issac Moot
  • Fall 2022 CELL Cohort

Emma (she/her) is a J.D. candidate at the University of Victoria. She was a part of the Fall 2022 CELL cohort. In the 2023 Isaac Moot, her team placed fourth.

She is passionate about reconciliation, co-governance and making space for Indigenous legal orders. Environmental and natural resource issues have been a focus of her studies and were a reason why she pursued a law degree.  

Emma’s other interests include forest governance and management, and outside law she is employed as a wildland firefighter. When she’s not studying or working on a file, you can find her on skis or a bike, climbing a mountain or rappelling from a helicopter.

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Katrina Darychuk

Law Student

Katrina (she/her) is a J.D. candidate at the University of Victoria, Faculty of Law with interests in criminal law, disability justice, and environmental litigation. Most recently, Katrina worked in Whitehorse, YK with the Public Prosecution Service and will clerk with the Supreme Court of British Columbia in 2025.  

She holds a BA from University of Toronto in Critical Equity Studies and Ethics and a diploma in Theatre Arts from Langara College. Prior to law, Katrina worked as theatre director and creator across Canada. Her passions include gardening, thrifting, and walking her beloved dog Joe.

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Patrick McDermott

Law Student

  • Santa Cruz Superior Court
  • California Attorney General’s Office, Land Use and Conservation Section

Patrick is a J.D. candidate at the University of Victoria, Faculty of Law. He is passionate about public interest environmental law as well as criminal justice reform. Patrick has a B.A. from University of California, Davis, and has legal experience in both Canada and the United States. Upon graduation, he will be clerking at the BC Supreme Court in Vancouver. In his spare time, he can be found backpacking, woodworking, baking, or running with his dog.

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Lydia Young

Articled Student

  • 2022 Student mentor in the Pacific Centre for Environmental Law and Litigation | educational program
  • Associate Fellow, Centre for International Sustainable Development Law
 
Lydia received her J.D. from the University of Victoria in 2023 with a concentration in environmental law and sustainability and will be called to the British Columbia Bar in 2024. Lydia is pursuing an 2024-25 LL.M. in Global Environment and Climate Change Law at the University of Edinburgh.
 
As an articling student at Tollefson Law, Lydia has gained experience working on environmental, constitutional and natural resource litigation and has sat at counsel table before the BC Supreme Court and BC Court of Appeal. Lydia is pursuing a career that focuses on biodiversity conservation, natural resource law, green economies and sustainable development.

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Anthony Ho

Of Counsel

  • Of Counsel at the Tollefson Law
  • Former Program Coordinator at the Pacific Centre for Environmental Law and Litigation 
 

Anthony Ho is Of Counsel at Tollefson Law. His practice focusses on environmental, natural resources, and administrative law.

He has experience in environmental assessments, regulatory hearings, judicial reviews, and civil trials and has appeared before the Federal Court and Federal Court of Appeal, the BC Supreme Court, and various tribunals including the National Energy Board and BC Environmental Appeal Board.

He received his J.D. from the University of Victoria in 2014 and was called to the British Columbia bar in 2015. After his call, he was a staff lawyer at the UVic Environmental Law Centre before practising as an associate at Tollefson Law for 7 years, where he remains Of Counsel.

From 2016 to 2024, he was also the Program Coordinator at the Pacific Centre for Environmental Law and Litigation (CELL). In that capacity, he helped deliver CELL’s educational program, which trains law students in litigation practice skills through exposure to real-life pieces of public interest environmental litigation.

Aside from his J.D., Anthony also holds a Master of Public Administration (UVic ’14), a B.Sc. in environmental sciences (UBC ’10), and a B.A. in political science (UBC ’10). He is currently pursuing a Ph.D. in Law and Society at UVic.

Chris Tollefson

Principal

  • Professor of Law, Faculty of Law, University of Victoria
  • Founding Executive Director of CELL – Pacific Centre for Environmental Law and Litigation
  • Past President of Ecojustice
 
Chris is the founding principal of Tollefson Law and a Professor of Law at the University of Victoria. He has degrees from Queen’s, University of Victoria and Osgoode Hall Law School, and clerked at the BC Court of Appeal.
 
Chris has appeared at all levels of trial and appeal court, and before various environmental regulatory boards and tribunals. He was counsel to BC Nature and Nature Canada during the Northern Gateway and Trans Mountain pipeline hearing processes.


 
He has published on a diverse range of environmental and natural resource topics including forestry, contaminated sites, environmental governance and assessment, eco-certification, and access to justice. The fourth edition of his national environmental textbook (co-authored with Prof. Meinhard Doelle) was published by Thomson Reuters in 2023.
 
He loves the outdoors, late night pool games, early morning reno projects, and dog sitting.

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