We Are All One Planet
We need all hands on deck to support Wet’suwet’en, who are defending all of us by challenging Canada’s climate inaction.
Two Wet’suwet’en Hereditary Chiefs have launched a legal action to hold the governments of Canada and British Columbia accountable to climate commitments for future generations.
A win for Wet’suwet’en in a win for us all, that would put in place safeguards so that projects and policies could only be adopted based on an assessment of climate impacts: for now, and for future generations.
about this campaign
A Charter Climate Challenge
Since time immemorial, the Wet’suwet’en have been stewarding and protecting their territories. Now, they are defending land, air and water for all of us with a historic and sweeping climate justice challenge.
Launched in February 2020, the two Likhts’amisyu Clan House Chiefs’ legal action is a challenge asking the Federal Court to declare that Canada has a constitutional duty to keep the country’s greenhouse gas emissions consistent with the Paris Agreement global warming limit of well below 2 ̊C above pre-industrial levels. The claim is focused on the inability of House members to safely and healthily live in their territories and practice their culture and way of life in a world threatened by climate change. The claim focused on the Charter rights — guaranteed to every citizen — relating to equality and to life, liberty and security of the person.
A Road Block from Canada
After the Houses launched their case, Canada brought a motion to have the matter dismissed: the Crown argued that the matter was not one within the ambit of the court to decide. While the Federal Court deemed it 'non justiciable' — see sidebar — the Houses appealed this decision. In 2023, the Federal Court of Appeal ruled that the claim relating to section 7 of the Charter of Rights and Freedoms — the right to life, liberty and security of the person — was justiciable and can move forward to a trial on the merits of the claim.
This would be the first time in Canada that a trial would decide on reductions to greenhouse gas emissions, as opposed to reductions in greenhouse gas targets. It would also be the first time in Canada, and perhaps the world, that a trial would decide on a climate claim brought by plaintiffs constituted under their own indigenous laws. Canada has until the last week of February to appeal the FCA decision to the Supreme Court of Canada.
While the claim seeks a court order requiring the federal government to reduce Canada’s greenhouse gas emissions, it leaves it to Parliament and cabinet to decide how best to do this. Outside of their climate court action, the Houses will continue to advocate that the emission-reduction burden should not unfairly fall on them and their territories or on other vulnerable groups.
“The climate crisis is already hitting our House territories hard. You only have to look at the shrinking Hudson Bay Mountain glacier and count the salmon. If Canada is allowed to continue approving infrastructure for fracked gas projects on a 40-year timeline, our territories will become a wasteland before the project licenses expire.”
-Dini Ze’ Lho'imggin, Alphonse Gagnon
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Get Updates
The legal challenge is a constitutional and Charter of Rights challenge brought by two Houses of the Likhts’amisyu (Fireweed Clan) through their House Chiefs. The case is an ambitious, long-term legal challenge seeking a comprehensive overhaul of Canada’s environmental legislation to enable urgent action on climate change.
Court Documents
Likhtsamisyu Statement of Claim February 2020
Canada Statement of Defence July 2020
Canada Motion to Strike July 2020
Likhtsamisyu Response to Motion to Strike September 2020
Federal Court Decision on Motion to Strike November 2020
Likhtsamisyu Notice of Appeal December 2020