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Climate Strikers take the Federal Government to Court for Approving TMX

Four young climate activists are suing the federal government for violating their Charter rights with the approval of the Trans Mountain Expansion project. 


Olivier Adkin-Kaya (18 years old from Edmonton, Alberta), Nina Tran (18 years old from Hamilton, Ontario), Lena Andres (17 years old from Winnipeg, Manitoba) and Rebecca Wolf Gage (13 years old from Victoria, BC) organize Climate Strikes in their respective cities. They have experienced negative impacts from climate change, including suffering from heat exhaustion during heat waves; seeing friends flooded out of their homes due to extreme rain; breathing unhealthy air, polluted by wildfires in BC and Alberta; and seeing summer camp canceled due to the smoke. They are deeply anxious about the future impacts from climate change. 


You can contribute to the Climate Strikers’ costs to bring this case at their GoFundMe page.

Chronology of the Case
 

June 10, 2019 – Climate Strikers’ lawyers submit letter to Cabinet regarding the Trans Mountain Expansion (“TMX”) project’s potential to infringe the Climate Strikers’ Charter rights, including personal statements from the Strikers and a statement in support by world-renowned Climate Scientist, Dr. James Hansen 

    Link to Youth Stop TMX Press Release
    Link to Letter from Lawyers to federal cabinet 
    Link to Climate Strikers’ submissions 
    Link to Dr. Hansen’s submissions 

 

June 18, 2019 – Federal Cabinet approves TMX project 
 

July 9, 2019 – Climate Strikers’ file application for leave to judicially review Federal Cabinet’s decision to approve TMX 
    Link to application for leave submissions (Memorandum of Fact and Law only; contact us for other pleadings) 


July 22, 2019 – Respondents (Canada and Trans Mountain) respond to Climate Strikers’ application, challenging their ability to bring their case to Court (note: Canada and Trans Mountain did not challenge any of the other 11 applicants’ applications) 
 

July 24, 2019 – Court asks Attorneys General of British Columbia and Alberta to apply to intervene
 

July 29, 2019 – Climate Strikers reply to Canada and Trans Mountain’s responses
    Link to Reply submissions (Reply submission only; contact us for other filed materials)

 

August 7, 2019 – Attorney General of Alberta applies to intervene
 

August 8, 2019 – Court grants Attorney General of Alberta’s application to intervene
 

August 16, 2019 – Attorney General of Alberta files Response to all applicants’ applications for leave to judicial review
 

August 23, 2019 – Climate Strikers file Reply to Alberta’s Response 
    Link to Reply submissions 

 

September 4, 2019 – Judge Stratas of the Federal Court of Appeal dismisses the Climate Strikers’ application for leave to judicially review (as well as the leave applications by five other Climate Strikers). Of all 12 applicants for leave, Stratas J. ordered only the Climate Strikers to pay legal costs of Trans Mountain Corporation (TMC subsequently waived its right to collect these costs). 

    Link to Decision dismissing Youth Stop TMX application

 

The Climate Strikers are currently considering their next steps, including whether to appeal Stratas J.’s decision to the Supreme Court of Canada. 


Link to Press Releases 
June 10, 2019 – Climate Strikers deliver submissions to Cabinet [link here]
July 25, 2019 – Climate Strikers launch GoFundMe page to help fund lawsuit [link here]