UN court opinion on climate change could boost scrutiny of major projects: expert
By Canadian Press on July 24, 2025.
OTTAWA — A warning from the United Nations’ top court that failing to address climate change could violate international law could lead to greater public scrutiny of major projects in Canada, one expert says.
The International Court of Justice opinion, released Wednesday, said everyone is entitled to a habitable planet.
The non-binding opinion applies to all countries and paves the way for legal actions. Those actions could include states challenging other states before the International Court of Justice, lawsuits and legal instruments like investment agreements that have to conform with international law.
Sabaa Khan, the David Suzuki Foundation’s climate director, said the court explicitly stated that any move to expand the fossil fuel industry could be seen as a breach of international legal obligations.
“For a country like Canada that has had historically high emissions, that has the means necessary to accelerate its decarbonization, I think that it’s clear more than ever that our government really has to eliminate any sort of public support of fossil fuels,” she said. “I think there’s going to be much greater public scrutiny when it comes to nation-building projects.”
The Liberal government has passed controversial legislation granting cabinet the power to fast-track major projects it deems to be in the national interest, and is set to open its major projects office by Labour Day. Projects qualifying for accelerated approval could include ports, railways, mining projects and pipelines.
Governments have been encouraging First Nations leaders to support such projects through loan guarantees and promises of financial incentives.
But many First Nations leaders fear their ways of life could be irreparably harmed if governments evade environmental standards. Many Indigenous leaders have also argued elements of the law could be used to undermine their rights.
Khan said she expects the court opinion will affect the work being done on major projects.
“There’s no way to look at this without seeing clearly that investment in fossil fuels is a breach of human rights law,” she said.
“I think that it lays down a legal foundation that can really create that certainty for investors where if you start funding or you continue funding fossil fuel developments, then you are at risk of being held responsible.”
Khan said Bill C-5 states that approved major projects have to meet Canada’s climate change objectives. She said the government will have to take the court opinion into consideration.
“If it doesn’t, then it could open up just more legal challenges to the way that law now is being implemented,” Khan said, adding that Canada should be investing in things like renewable energy and interprovincial electricity grids.
Khan said that while the opinion is non-binding, it has a “very strong interpretive power.”
Supreme Court of Canada decisions often cite advisory opinions from the International Court of Justice, she said.
Fraser Thomson, a lawyer at Ecojustice, said International Court of Justice advisory opinions are viewed as authoritative interpretations of international law around the world and have influenced court decisions in Canada.
“Canadian courts at every level have to look to these opinions when they are faced with interpreting what is international law and how it impacts Canadian domestic law,” he said.
Thomson said it’s reasonable to assume the court opinion will open the door to more climate litigation in Canada.
“All governments are now on notice that they cannot continue to put our future at risk,” he said, adding that Canada could be asking for legal trouble if it decides to build more pipelines.
Keean Nembhard, a spokesperson for the office of Environment Minister Julie Dabrusin, said the government recognizes the “crucial role” Canada plays in contributing to the global fight against climate change and remains committed to that work.
The court opinion also said that some countries or individuals suffering from the effects of climate change could be eligible for compensation. The judges acknowledged that financial compensation might be difficult to calculate.
The case was led by the Pacific island nation of Vanuatu and backed by more than 130 countries. All UN member states are parties to the court.
— With files from Alessia Passafiume, Dylan Robertson and The Associated Press
This report by The Canadian Press was first published July 24, 2025.
Catherine Morrison, The Canadian Press
28-27
The International Court of Justice has been undermined by a number of unfair and biased rulings over the past two years, turning it into nothing more than a KANGAROO COURT.
Prior to 2030, the UN said that their partnership with the World Economic Forum would increase pressure to advance their UN 2030 Agenda, which includes a One World Government and this new welfare system.
China, which produces more than 34% of global greenhouse gas emissions and is not subject to any pressure or agreements, while Canada, which only contributes 1.6% of global greenhouse gas emissions, is under tremendous pressure to comply and cut emissions or pay into this new welfare system. China also has significant sway over the UN and WEF’s efforts to promote a One World Government.
The Arab League, China, and Russia have pressured the United Nations to become anti-Western and anti-Semitic, and several UN agencies and courts have adopted similar policies.
Nearly 60% of global greenhouse gas emissions come from China, India, and the EU, but the US and Canada are under pressure to reduce emissions or contribute to the welfare system. In order to conform and join this new global government, Canada and the US are being forced into bankruptcy, which will totally transform us into a global communist state! They are trying to bring down the US basically!
Why are not the largest emitters under pressure if the goal was really to combat climate change and save the planet?
Even if we need to take better care of this planet, the majority of climate change is caused by variations in solar flare activity and solar winds striking the Earth! The Farmers Almanac and meteorologists for years watched the solar activity to forecast weather and solar activity by far is the greatest cause of climate change! They are using this to push their agenda!