In La Rose v. Canada (Fed CA, 2023) the Federal Court of Appeal considered a political plaintiffs' appeal from a trial court's striking of pleadings, here where aboriginal and youths sued the government for causing - and failing to mitigate - climate change:
In this quote the court comments on Charter rights 'causation', here in a Charter s.7 context:
[90] Claimants must also demonstrate a causal connection between the impugned action or law and the prejudice they have suffered (Bedford at para. 75). However, claimants need not demonstrate that the state alone is accountable for the prejudice they have suffered (Bedford at para. 76):
A sufficient causal connection standard does not require that the impugned government action or law be the only or the dominant cause of the prejudice suffered by the claimant, and is satisfied by a reasonable inference, drawn on a balance of probabilities (Canada (Prime Minister) v. Khadr, 2010 SCC 3, [2010] 1 S.C.R. 44, at para. 21). A sufficient causal connection is sensitive to the context of the particular case and insists on a real, as opposed to a speculative, link.
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