Climate Change Class Actions in Canada

(2021) 100 Supreme Court Law Review 31

30 Pages Posted: 17 Feb 2021

See all articles by Jasminka Kalajdzic

Jasminka Kalajdzic

University of Windsor - Faculty of Law

Date Written: 2021

Abstract

Climate justice activists are increasingly looking to litigation to produce the policy changes that have eluded them in the political process. Without a codified right to a clean environment, litigants in jurisdictions like Canada must use a human rights framework to advance their cause. Recent successes in Charter class actions suggest that it is now possible to pursue constitutional damages for climate change harms. As Canadian advocates join with their international counterparts in deploying a litigation strategy, Canada’s robust class action procedure may be a useful addition in the pursuit of collective climate justice. This paper proceeds in four parts. First and by way of background, I summarize the types and extent of climate change litigation in Canada and internationally. Second, I discuss Canadian class actions advancing constitutional claims, which have recently surged after two decades of limited use. In part III, I argue that a climate change action founded on a breach of s. 7 of the Charter would meet the test for certification of a class action. Finally, in part IV I discuss the comparative advantages and disadvantages of using the class action mechanism to combat climate injustice.

Keywords: climate change, class actions, litigation, Charter of Rights and Freedoms

JEL Classification: K10, K20, K32

Suggested Citation

Kalajdzic, Jasminka, Climate Change Class Actions in Canada (2021). (2021) 100 Supreme Court Law Review 31, Available at SSRN: https://ssrn.com/abstract=3778995

Jasminka Kalajdzic (Contact Author)

University of Windsor - Faculty of Law ( email )

401 Sunset Avenue
Windsor, Ontario N9B 3P4 N9B 3P4
Canada

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