Fifteen young climate activists are asking the Federal Court to declare that Ottawa’s climate policies violate their Charter rights, launching a 19-day trial that could push judges deeper into decisions traditionally made by elected governments.

The trial in La Rose et al. v. His Majesty the King began Monday in Vancouver and is scheduled to continue until December 4.

The lawsuit was filed in 2019. It initially included claims under sections 7 and 15 of the Charter, along with an alleged government duty to protect public resources. Most of the case was struck before the Federal Court of Appeal allowed a narrowed Section 7 claim to proceed to trial.

The plaintiffs allege that Ottawa has contributed to dangerous levels of greenhouse-gas emissions through inadequate targets, missed commitments and delayed measures. They contend that the resulting climate effects have harmed their health, safety and communities, violating their rights to life, liberty and security of the person.

Those remain allegations. No court has found that the federal government violated the plaintiffs’ Charter rights.

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The case could determine whether Section 7 imposes constitutional limits on federal climate policy and whether judges may review the adequacy of Ottawa’s emissions plans.

A victory for the plaintiffs could invite further litigation seeking court supervision of policy decisions involving energy development, emissions targets and federal spending.

The Federal Court’s public hearing notice does not identify the trial judge.

Justice Simon Fothergill handled at least one significant pretrial dispute. In a June 17 ruling, he permitted the plaintiffs to call eight expert witnesses instead of the usual limit of five. That order does not confirm that Fothergill is presiding over the trial.

The proceeding is being conducted as a hybrid hearing. Members of the public may register to observe virtually.