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Opinion

The dangerous slippery slope of activist-driven climate lawsuits

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4 minute read

From the Frontier Centre for Public Policy

By Joseph Quesnel 

Canadians should be concerned climate activists are pushing climate change litigation – or climate change tort cases – at the U.S. state and local levels.

We should all be prepared if this bizarre new legal trend introduced by climate change alarmists comes to Canada.

Canadians have noticed most extreme climate change-inspired ideas – like banning natural gas furnaces – originate from liberal parts of the United States and eventually find their way northwards to our provincial legislatures or city halls.

Lawyers – supported by climate change alarmist organizations – are inventing new legal theories to allow state governments to sue energy companies for alleged contributions to global climate change. Lawyers even attempt to link oil companies to specific extreme weather events.

American observers became alarmed when the Hawaii Supreme Court upheld a lower court ruling in that state allowing oil companies to be sued in state courts for their alleged contribution to climate change.  U.S. Legal critics were concerned how this climate change litigation could turn state courts into regulators of global climate change. They argued this was improper given that inter-state and foreign energy policy and commerce is federally regulated.

Canadian judges will have to deal with similar federalism/jurisdictional issues if these nuisance lawsuits come to our courts. Green activists on both sides of the border are determined to handicap the energy sector through the courts and lower levels of government.

Lawyers are basing their legal theories on unjustified certitude regarding climate change.  The United Nations Intergovernmental Panel on Climate Change (IPCC) – the most prominent so-called “authority” on climate science – actually presents a nuanced and cautious view of this topic. Politicians and journalists often blame specific weather patterns or events on climate change with little evidence.

Canadian author Joanne Marcotte, in her book Inconvenient Doubts: Climate Change Apocalypse: Really? reminds us that so-called experts miss three key points about IPCC reports: 1) They include varying degrees of confidence and probabilities, rarely mentioned by the media; 2) Some statements refer to specific regions but are often generalized globally; and 3) An extreme weather event becomes a disaster only if a region cannot respond effectively.

Lawyers pushing these anti-oil lawsuits are really saying courts can determine with certitude these oil companies are causing climate change or they can be blamed for specific weather events.

Activists are pushing their anti-energy agenda in the courts because they are losing the war of ideas in democratically elected legislatures. Canadian voters are rejecting these unnecessary and costly green policies because they are being economically crushed by spurious and environmentally pointless carbon taxes that unnecessarily inflate all basics including food and gasoline prices . Activists realize this and want unelected and unaware judges to become arbiters on an incredibly complex and nuanced issue like global climate change.

Drivers should be wary because once courts allow provinces to attack oil companies they may come after them.  Activists know transportation is the second biggest contributor to carbon emissions after the energy sector.

Canadian litigants raised climate change at the Supreme Court of Canada when several provincial premiers challenged the constitutionality of the carbon tax – a clever way to bypass democratic legislatures and impose their anti-energy policies on courts and lower levels of government.

Canadian consumers should be able to choose energy sources best for them.  We should not allow activists to use courts – as they have in the United States – to impoverish everybody through by imposing extreme and unscientific anti-energy climate policies through the backdoor.

Joseph Quesnel is a Senior Research Fellow with the Frontier Centre for Public Policy.

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International

Judiciary explores accountability options over Biden decline ‘coverup’

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Former President Joe Biden salutes the departure party before boarding Special Air Mission 46 at Joint Base Andrews, Md., Jan. 20, 2025. 

From The Center Square

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No obvious solutions emerged during a congressional hearing Wednesday on how to hold those accountable for the alleged cover-up of President Joe Biden’s mental and cognitive decline, but witnesses had some suggestions for how to prevent similar situations in the future.

Republicans have been adamant for some time that Democratic lawmakers, the prior administration, the legacy media and those closest to Biden conspired to hide the former president’s mental and cognitive decline from the American people. More recently, allegations have surfaced that some of Biden’s staff or potentially others may have used an autopen – a machine that can replicate signatures – to sign official documents for Biden without his knowledge or consent.

From the Senate Judiciary Committee hearing on June 18th, 2025

Wednesday’s witnesses agreed that further investigation needs to be done into these questions. Republicans also explored what can be done after the fact and how to prevent similar events from happening in the future. The Senate Judiciary Committee’s hearing into those questions Wednesday’s boycotted by all but one Democrat.

Republicans didn’t miss the opportunity to call them out for it. U.S. Sen. Eric Schmitt, R-MO, said Democrats’ absence and their failure to call any witnesses to testify was “deeply disappointing” but “not surprising.”

“Their absence speaks volumes – an implicit admission that the truth is too inconvenient to face,” Schmitt said. “This de facto boycott is not just a refusal to participate. It’s a refusal to serve the American people who deserve answers about who was truly leading their government.”

From the Senate Judiciary Committee hearing on June 18th, 2025

Much of the hearing’s discussion revolved around proper uses of the autopen, which witnesses testified can only be rightfully used when the president specifically delegates its use to the user. The committee also discussed Section 4 of the 25th Amendment to the Constitution, which talks about succession in the case of a president becoming unfit or unable to fulfill the role. The amendment authorizes the vice president and a majority of the president’s cabinet to declare the president unfit, though that declaration has to be validated by a vote from Congress in order to have any effect.

What’s missing, however, is a clear manner of recourse for lawmakers or the public if those around the president fail to act despite plain signs he is incapable of holding office. Republicans wanted to know what they could do to prevent the alleged conspiracy from simply fading into history without consequences for any involved.

“As a government, it is imperative that we have clear contingency plans when emergency strikes, and yes, it is an emergency when we have a sitting president who is unable to discharge the duties of that office,” said U.S. Sen. John Cornyn, R-TX.

He asked witness Theo Wold, a visiting fellow for law and technology policy with The Heritage Foundation and who worked in the previous Trump administration, if any criminal statutes could be applied to those who are found to have participated in the alleged cover-up.

“In this case, some have suggested that there may be potential crimes committed by members of the Cabinet for failing to act basically, suborning perjury, forging, forging government documents, impersonating a federal officer, making false statements, conspiracy to defraud the United States, obstruction of justice, wire or mail fraud…  Do you think there’s any application of any of those criminal statutes to the circumstances of the Biden presidency?” Cornyn asked.

“There very well could be,” Wold said, but he added that it would be “a question for a prosecutor to take up in their discretion.”

While witnesses agreed that anyone participating in a cover-up should be held accountable, the solutions for doing so weren’t as clear as recommendations for how to prevent similar situations in the future.

John Harrison, James Madison Distinguished Professor of Law at the University of Virginia, didn’t see an obvious method of redress for what already happened but suggested that Congress perhaps require greater documentation of presidential actions going forward.

Wold provided additional suggestions, such as a revival of discussion around “other guardrails” that can be imposed on the 25th Amendment. There was lively debate toward the end of Ronald Reagan’s presidency about adding a mental health professional to the White House medical team or “whether the surgeon general should oversee the inclusion of medical reporting as part of… the 25th Amendment,” according to Wold. But he said there hadn’t been serious discussion since on how to improve the amendment. He also agreed with Sen. Katie Britt, R-AL, that some of the terms in the amendment, like “unable,” should be more clearly defined.

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Business

Canada’s critical minerals are key to negotiating with Trump

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From Resource Works

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The United States wants to break its reliance on China for minerals, giving Canada a distinct advantage.

Trade issues were top of mind when United States President Donald Trump landed in Kananaskis, Alberta, for the G7 Summit. As he was met by Prime Minister Mark Carney, Canada’s vast supply of critical minerals loomed large over a potential trade deal between North America’s two largest countries.

Although Trump’s appearance at the G7 Summit was cut short by the outbreak of open hostilities between Iran and Israel, the occasion still marked a turning point in commercial and economic relations between Canada and the U.S. Whether they worsen or improve remains to be seen, but given Trump’s strategy of breaking American dependence on China for critical minerals, Canada is in a favourable position.

Despite the president’s early exit, he and Prime Minister Carney signed an accord that pledged to strike a Canada-US trade deal within 30 days.

Canada’s minerals are a natural advantage during trade talks due to the rise in worldwide demand for them. Without the minerals that Canada can produce and export, it is impossible to power modern industries like defence, renewable energy, and electric vehicles (EV).

Nickel, gallium, germanium, cobalt, graphite, and tungsten can all be found in Canada, and the U.S. will need them to maintain its leadership in the fields of technology and economics.

The fallout from Trump’s tough talk on tariff policy and his musings about annexing Canada have only increased the importance of mineral security. The president’s plan extends beyond the economy and is vital for his strategy of protecting American geopolitical interests.

Currently, the U.S. remains dependent on China for rare earth minerals, and this is a major handicap due to their rivalry with Beijing. Canada has been named as a key partner and ally in addressing that strategic gap.

Canada currently holds 34 critical minerals, offering a crucial potential advantage to the U.S. and a strategic alternative to the near-monopoly currently held by the Chinese. The Ring of Fire, a vast region of northern Ontario, is a treasure trove of critical minerals and has long been discussed as a future powerhouse of Canadian mining.

Ontario’s provincial government is spearheading the region’s development and is moving fast with legislation intended to speed up and streamline that process. In Ottawa, there is agreement between the Liberal government and Conservative opposition that the Ring of Fire needs to be developed to bolster the Canadian economy and national trade strategies.

Whether Canada comes away from the negotiations with the US in a stronger or weaker place will depend on the federal government’s willingness to make hard choices. One of those will be ramping up development, which can just as easily excite local communities as it can upset them.

One of the great drags on the Canadian economy over the past decade has been the inability to finish projects in a timely manner, especially in the natural resource sector. There was no good reason for the Trans Mountain pipeline expansion to take over a decade to complete, and for new mines to still take nearly twice that amount of time to be completed.

Canada is already an energy powerhouse and can very easily turn itself into a superpower in that sector. With that should come the ambition to unlock our mineral potential to complement that. Whether it be energy, water, uranium, or minerals, Canada has everything it needs to become the democratic world’s supplier of choice in the modern economy.

Given that world trade is in flux and its future is uncertain, it is better for Canada to enter that future from a place of strength, not weakness. There is no other choice.

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