Demanding action against Volkswagen’s illegal emissions cheating

Tim Gray and Muhannad Malas v. Attorney General of Canada
Photo by Michael Swan via Flickr | CC-BY-ND-2.0
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In September 2015, news emerged that Volkswagen had installed illegal software in its diesel cars, allowing them to pass emissions testing by misrepresenting how much pollution they typically emit.

The company’s unlawful action resulted in 35 times the approved level of nitrogen oxides spewing from these cars, posing a threat to human health. More than 100, 000 cars with 2.0L diesel engines were imported and sold in Canada based on fraudulent regulatory submissions, all of which is illegal.

Emissions cheating cars are a danger to human health. A study in the United States links these illegal cars and low birth weight and acute asthma attacks in children.

Ecojustice, on behalf of staff at Environmental Defence, applied to open four investigations into Volkswagen’s importation, marketing, approval and sale of diesel cars equipped with the illegal emissions cheating software.

Under sections 17-21 of the Canadian Environmental Protection Act (CEPA), citizens can call on the Minister of Environment and Climate Change to investigate allegations of criminal activity. Once these allegations have been made, the Minister must investigate the claims.

The group alleged that:

  1. That Volkswagen unlawfully imported noncompliant cars.
    2. That Volkswagen unlawfully applied the National Emissions Mark on noncompliant diesel cars and sold those cars.
    3. That Volkswagen provided false and misleading information.
    4. That Volkswagen and its local dealers unlawfully resumed sales of 2015 model cars after only completing a “half-fix” to the emissions system.

This request triggered the Minister to launch an investigation in 2017 into just the fourth allegation despite CEPA’s requirement that all allegations be investigated.

We filed a lawsuit aimed at ensuring the other three allegations also get investigated (Tim Gray and Muhannad Malas v. Attorney General of Canada). This was followed by a second lawsuit to ensure that we received updates and information regarding the investigation into the fourth allegation — this case has since been rendered moot after Environment and Climate Change Canada issued their final report in September 2020.

Four years after “Diesel-gate” became headline news (and two Ecojustice lawsuits later), the Canadian government finally laid charges against Volkswagen.

But, unlike any normal criminal who is charged by police and has no say in it, federal prosecutors secretly negotiated with Volkswagen about which crimes it agreed to be charged with. This meant that law enforcement officers were only able to charge the company with two previously-agreed criminal counts of misleading regulators and 58 count of criminal importation, rather than the 128,000 counts Volkswagen could have been charged with for each illegal car it sold.

Ecojustice asked for a judicial review to ensure the federal government fully investigated Volkswagen’s criminal activity as required under CEPA.

In January 2021, this request for a full investigation was denied by the Federal Court of Appeals.

Key developments

Press release

All parties involved in VW emissions-cheating must be investigated

Environmental groups back in court to argue for transparent investigation of environmental crimes Toronto, Ont. – Environmental groups ...

January 25, 2021

Press release

Environmental groups pleased Volkswagen prosecuted despite lack of appropriate fine

Sustained legal campaign by Environmental Defence and Ecojustice crucial to prosecution of Volkswagen Toronto, Ont. – Environmental gro...

January 24, 2020


Volkswagen’s been charged for its emissions fraud, but it’s not nearly enough

The government’s secret deal let’s Volkswagen off easy for its emissions fraud Four years after “Diesel-gate” became headline new...

December 19, 2019

Press release

Federal Government lays charges against Volkswagen for its diesel emissions scandal four years after Dieselgate

Toronto, Ont. – Today, the Government of Canada laid criminal charges against Volkswagen for unlawfully importing and selling nearly 128,...

December 9, 2019

Press release

Environmental groups go to court to defend Canadians’ rights to transparent investigation in the Volkswagen diesel scandal

OTTAWA, October 21, 2019 – Ecojustice is in court today on behalf of staff from Environmental Defence to demand that Environment and Clima...

October 21, 2019

Press release

Environmental groups taking Minister to court again for failing to charge VW for polluting

Toronto July 24 - Ecojustice, on behalf of Environmental Defence staff, has launched a case seeking to hold Environment and Climate Change M...

July 24, 2019


How Canada could be using billions of dollars to help improve air quality

Volkswagen has yet to be prosecuted federally for its environmental crimes in Canada and we are all losing out over its inaction Around ...

August 20, 2018


FAQ: Why we’re fighting to ensure Volkswagen pays for its crimes

In 2017, we started working with our friends at Environmental Defence to ensure Volkswagen is held accountable for cheating the Canadian pu...

May 24, 2018

Press release

Federal government taken to court for refusing to investigate Volkswagen’s emissions fraud

Minister of Environment and Climate Change’s refusal to investigate Volkswagen’s criminal activity is unlawful OTTAWA – Health prof...

August 3, 2017

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