Introduction

19.01Climate change has gradually emerged as the environmental issue in the eyes of the public in Canada over the past decade. It has also become one of Canada’s great political, social and economic challenges. This chapter provides a legal perspective on climate change developments in Canada. The chapter starts out with a brief introduction to the legal and political context for climate liability and litigation. This is followed with a selection of key public law issues that arise in the context of climate liability and litigation. Private law issues are then explored, followed by legal issues that do not neatly fit within the public/private law divide. Some concluding thoughts are offered on the potential for climate litigation in Canada.

The Canadian legal system

19.02Canada operates under a federal system of government, with jurisdiction shared under the Constitution between the federal and provincial governments. The municipal level of government is not recognised constitutionally; rather, it derives its powers from the provinces through legislation. A fourth form, aboriginal governments, arises out of aboriginal self-government agreements between the federal and provincial governments and Canada’s aboriginal peoples, usually in the context of comprehensive land claim agreements.