A group of seven Ontarians have secured a historic legal victory in their fight to hold the provincial government to account for weakening its climate targets.
The young climate leaders, supported by Ecojustice, (Canada’s largest environmental law charity) argue that this roll back of climate targets has violated their rights to life, equality and security which are enshrined in the Canadian Charter of Rights and Freedoms.
The applicants demand the Ontario government officially acknowledge that the weakened climate targets violate Charter rights, and that climate targets are consistent with internationally accepted science.
Almost five years after the young climate leaders launched the initial legal challenge, the Court of Appeal for Ontario ruled this week that the Charter applies to the province’s stripped back climate targets, in effect confirming that the government’s actions are harming Ontarians.
Ecojustice lawyer Fraser Thomson hailed the victory as “a significant moment for climate action in Canada,” adding that “it serves as a beacon of hope.”
The case had already broken new legal ground just to get to this point: The 2020 court decision recognizing that climate change could potentially violate Charter rights was itself an historic first in Canada.
The matter is still a long way from being resolved, though. The case will now be sent back to the Ontario Superior Court to decide on, among other things, whether the remedies sought by the climate activists should be granted.
Citizens across the world are increasingly challenging their governments actions, or lack thereof, on climate change. According to the UN Environment Program’s Global Climate Litigation Report, more than 2,100 climate-related cases have been filed across 65 jurisdictions as of December 2022.
