An organization representing young Quebecers will file an application for leave to appeal to the Supreme Court of Canada on Friday against the federal government for its inadequate efforts to fight climate change.

The organization ENvironnement JEUnesse is accusing the Canadian government of violating their rights to life, security, equality and to live in a healthy environment.

Last December, the Quebec Court of Appeal rejected the organization's appeal. The firm Trudel Johnston & Lespérance (TJL) filed an application in November 2018 to represent all people in Quebec aged 35 and under.

ENvironnement JEUnesse argues that younger generations are particularly threatened by the climate crisis and that the government has failed to protect them.

The three Court of Appeal judges ruled that the group's request was a matter for the legislative and executive branches of government and that any court order in this regard would infringe on the powers of the political branches.

But the group's lawyer, Anne-Julie Asselin, believes that Canadian courts have a crucial role to play in solving the climate crisis.

"We want to ask the courts to examine the government's conduct," Asselin told The Canadian Press, noting that it is up to the courts to "decide on the constitutionality of the government's actions and to determine whether the government has violated the rights of Quebec youth" under the Canadian and Quebec charters of rights and freedoms.

ENvironnement JEUnesse executive director Catherine Gauthier said that "Canadian courts cannot remain silent while the fundamental rights of young people are violated by the government".

She pointed out that other courts around the world have heard and ruled on similar challenges.

For example, in 2019, the Supreme Court of the Netherlands ordered the government to reduce the country's greenhouse gas emissions, in the name of its obligation to protect citizens.

THREE APPLICATIONS TO CONSIDER

Asselin explained that, in concrete terms, ENvironnement JEUnesse is making three demands of the court.

The first is to declare that the government, "by its actions and omissions, is violating the fundamental rights of young Quebecers."

The second request is to force the government to "cease and desist" the violations and the third is to pay compensation to the youth.

ENvironnement JEUnesse calculated that the punitive damages claimed from the government would be $100 per Quebecer under the age of 35, a sum that would constitute a $340 million fine.

However, if the action is successful, the organization would request that the money be used to fight climate change.

The plaintiffs would therefore ask the government to "put in place a remedial measure that would help limit greenhouse gases and then stop climate change," said Asselin.

-- This report by The Canadian Press was first published in French on Feb. 11, 2022.