Section 15

Two Step Process:

1.Does the law create a distinction based on an enumerated or analogous grounds?

•What distinction might the law have created in your case?

2.Is the distinction discriminatory?

•In what way might the government action be discriminatory against your clients?

•On what basis is the government action discriminatory? Think in terms of the following:

•Age

•Specific vulnerabilities of your clients (culture, geographic region)

•La Rose v. Canada, 2019

•“Because the economic and social costs of addressing climate change will increase significantly the longer the reduction of GHGs is delayed, the failure to address climate change in an effective and timely manner means that those who are now children and youth will bear a disproportionate burden of the economic, social and human costs of maintaining or restoring a Stable Climate System” – SOC para 232b

•“Indigenous youth are disproportionately impacted by climate change because of the risk of loss of cultural rights and practices, impacts on traditional knowledge, loss of enjoyment of and connection to the land and the threat of relocation. “ – SOC para 232e

•See full list of arguments on pages 59-61 of SOC: http://blogs2.law.columbia.edu/climate-change-litigation/wp-content/uploads/sites/16/non-us-case-documents/2019/20191025_T-1750-19_complaint.pdf

•Lho’imggin v. Canada, 2020

•See full list of arguments on pages 26 of SOC: http://blogs2.law.columbia.edu/climate-change-litigation/wp-content/uploads/sites/16/non-us-case-documents/2020/20200210_NA_complaint-1.pdf