Are Climate Change Claims Based on Charter Rights Justiciable? Canadian Courts Render Conflicting Decisions | Bennett Jones LLP
[co-author: Brendan Sigalet, Articling Student] U.S. courts have often relied on the political question doctrine to dismiss climate change actions. The Canadian equivalent of the political question doctrine, justiciability, has recently been considered by Canadian Court in cases involving Charter-based climate change claims. To be justiciable, claims must be within the authority and ability of the judiciary to decide, considering the Canadian constitutional system of government. It is generally recognized that it is not the function of the courts to establish what policy or law best advances...
Source: jdsupra.com