When it comes to economically destructive federal policies, it’s getting ever-harder to keep track.

Among these, still firmly on the books, is the federal government’s “anti-greenwashing bill” C-59, amended by C-15, which is reducing investment and the potential for well-paid jobs.

The original C-59 contained the requirement that businesses substantiate their environmental credentials according to “internationally recognized methodology”—whatever that means. C-15 substituted the equally vague requirement of “adequate and proper substantiation,” which still leaves companies vulnerable to reputational risk and litigation.

Not only do these bills exacerbate economic uncertainty and investment skittishness; they silence debate. They also fundamentally alter the federal Competition Act by imposing a reverse burden of proof. This forces businesses to defend statements in an environmental claim dispute—rather than requiring courts to prove deception, which is a much higher evidentiary threshold.

Let’s imagine that Saskatchewan is a company. A climate action group—alleging “greenwashing”—decides to challenge its motto, “Sustainable Saskatchewan.”

In response, the province might point to the University of Calgary 2018 methane report by Dr. Joule Bergerson, which found that if every oil- and gas-producing nation extracted and produced fossil fuels as responsibly as Saskatchewan does, global energy-produced greenhouse gas emissions would instantly fall by 25 per cent.

The province could also cite respected environmentalists, like Julio Friedmann, who say that enhanced oil recovery/carbon-capture-utilization methods—such as those employed in Saskatchewan—are a key way to meet global climate goals. As well, it could outline its sustainable mining, remediation, and regulatory record—and its transition plans to net-zero nuclear.

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“Not so fast,” climate activists would predictably reply. “Your motto is misleading because you’ve decided to keep running coal to 2050, are still relying on natural gas for power, and approving mines that infringe on caribou habitat.” In other words: Let the litigation battle of the “experts” begin. Because what constitutes “sustainable” is ideologically—as well as legally—in the eye of the beholder.

“C-15 is a trap,” says Canadian energy analyst and podcaster, Tammy Nemeth. “Not only will companies face litigation from activists, but their data, whether voluntary or mandated, will be used as a legal means to divert funds away from so-called ‘high emitters’.”

A recent survey by the London School of Economics’ Grantham Institute, “How investors perceive climate litigation as a financial risk,” bears that out. “As climate litigation expands in number, scope, and jurisdictional reach,” the report states, “understanding how investors interpret these developments will become increasingly relevant for climate-related disclosure and financial supervision.”

Meanwhile, a self-styled “landmark legal opinion” last year by the Commonwealth Climate Law Initiative asserted that Canadian businesses will increasingly be on the legal hook for “nature inaction”. That  includes everything from wildfires, floods and “pollinator loss” to “ecosystem-intensive practices” and “biodiversity collapse”!

There’s more. A 2025 International Court of Justice (ICJ) ruling held that countries—and, by extension, companies—failing to implement measures to mitigate climate change may be in violation of international law. The decision was “non-binding,” but so was the UN Declaration on the Rights of Indigenous Peoples (UNDRIP)—until it wasn’t. The B.C. Court of Appeal recently mandated that governments abide by UNDRIP in all existing legislation, which means that Indigenous groups have a virtual veto based on free, prior and informed consent. “To face such dramatic overreaching court decisions is deeply troubling,” said B.C. Premier David Eby.

Activists instantly spotted the potential of the ICJ ruling. “It provides a powerful legal basis to challenge any legislative attempt to weaken environmental protections, including the (major projects) Building Canada Act and provincial efforts to bypass federal climate oversight,” said environmentalist-cum-Senator Rosa Galvez. “It is no longer a theoretical possibility that ‘polluters’ could be held responsible in court—it’s a real and rising legal tide.”

C-15 plays a key role in this rising legal tide.  And it’s the last thing we need right now.

—This article appeared in a modified form in the Epoch Times.

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