Category: Climate Change Page 1 of 13

What Are the Implications of the International Court’s Climate Change Advisory Opinion for Provinces?

On January 26, 2026

In Climate Change, Environmental, International Law

Case Commented On: Obligations of States In Respect of Climate Change, Advisory Opinion of the International Court of Justice, July 23, 2025

PDF Version: What Are the Implications of the International Court’s Climate Change Advisory Opinion for Provinces?

ABlawg has already published posts on constitutional climate change litigation in Canada (the La Rose case, here) as well as two posts on the important unanimous Advisory Opinion (AO) of the International Court of Justice (ICJ) on Climate Change, here and here. This post assesses the implications of the AO for a province within the Confederation of Canada, specifically a province like Alberta which is a significant producer of carbon fuels and a significant emitter of greenhouse gases: see ECCC, Greenhouse Gas Emissions (2025).

The ICJ’s Advisory Opinion on Climate Reaches Canada: The Federal Court Opens Door to New Climate Claims

By Kaitlin Schaaf

On December 15, 2025

In Climate Change, International Law

By: Kaitlin Schaaf

Case Commented On: Lho’Imggin v Canada, 2025 FC 1586 (CanLII)

PDF Version: The ICJ’s Advisory Opinion on Climate Reaches Canada: The Federal Court Opens Door to New Climate Claims

In July 2025, the International Court of Justice (ICJ) released an Advisory Opinion (AO) on the Obligations of States in respect of Climate Change, [2025] ICJ Rep 456. As Professor Majekolagbe pointed out in their analysis, the AO affirmed that international climate change treaties create binding obligations on states and under customary international law, states have a duty to prevent significant harm to the climate system.

Canada’s Internationally Wrongful Climate Acts

By Adebayo Majekolagbe

On August 15, 2025

In Climate Change, International Law

By: Adebayo Majekolagbe

Decision Commented On: Obligations of States in Respect of Climate Change, Advisory Opinion of the International Court of Justice (2025)

PDF Version: Canada’s Internationally Wrongful Climate Acts

Over the past decade, litigants—mainly young people—have petitioned domestic courts worldwide to assess if governments are doing enough to combat climate change. Courts in Europe, Africa, Asia, and South America mostly responded positively, issuing directives for more ambitious climate action. Although similar cases have been brought before Canadian courts, no case has succeeded on its merits in compelling federal or provincial governments to raise the level of their climate commitments. This situation might soon change, especially with the recent landmark advisory opinion from the International Court of Justice (ICJ).

Federal Climate Plans, Policies and Projections: Have no fear, CNZEAA is (still) here?

By David V Wright

On June 23, 2025

In Climate Change, Environmental

By: David V. Wright

Matter Commented On: Implementation of the Canadian Net-Zero Emissions Accountability Act, SC 2021, c 22

PDF Version: Federal Climate Plans, Policies and Projections: Have no fear, CNZEAA is (still) here?

With so much attention around the proposed Building Canada Act and the expedited process for “national interest projects” contained therein (see recent ABlawg posts here and here, and related coverage here), one could be forgiven for thinking that climate change law and policy is getting lost in the shuffle at the federal level. And given Prime Minister Carney’s scrapping of the consumer carbon tax and hints that the proposed oil and gas cap might be next, there is a fair reason to fear that Canada’s pathway to achieving its climate change commitments is in jeopardy. But wait. Since 2021, the Canadian Net-Zero Emissions Accountability Act, SC 2021, c 22 (CNZEAA or the Act, colloquially pronounced ‘sneeze-ee-yah’) has been more or less fulfilling its purpose and is about to do some more work.

A Landmark Decision in Canadian Charter-based Climate Litigation: Mathur v Ontario, 2024 ONCA 762

By Martin Olszynski

On October 31, 2024

In Climate Change, Constitutional

By: Martin Olszynski, Jennifer Koshan, Nigel Bankes, and Jonnette Watson Hamilton

Case commented on: Mathur v Ontario, 2024 ONCA 762 (CanLII)

PDF Version: A Landmark Decision in Canadian Charter-based Climate Litigation: Mathur v Ontario, 2024 ONCA 762

The Ontario Court of Appeal recently released its decision in Mathur v Ontario, 2024 ONCA 762 (CanLII). ABlawg readers will know that this is one of three Charter-based climate lawsuits currently making their way through Canadian courts. The other two are La Rose v Canada, 2023 FCA 241 (CanLII), which involves a challenge to the federal government’s climate policies, and Dykstra et al v Saskatchewan Power Corporation, which involves a challenge to the Saskatchewan government’s and SaskPower’s decisions to expand gas-fired electricity generation (see our previous post on La Rose here). In this post, we contrast the trial and appellate reasons in Mathur (and where relevant, in La Rose FCA) and offer our commentary on several key issues in this litigation.