Ontario Youth Push Supreme Court for Climate Plan Challenge, Citing Rights Violation

December 23, 2024
Ontario Youth Push Supreme Court for Climate Plan Challenge, Citing Rights Violation
  • Ontario has requested the Supreme Court of Canada to hear a youth-led challenge regarding the province's climate plan, which could lead to a significant legal ruling.

  • The challenge is brought forth by seven young individuals who argue that the government's reduced emissions target violates their right to life.

  • One of the plaintiffs, Alexandra Neufeldt, emphasized the case's potential to establish constitutional obligations for governments to address climate change.

  • The legal challenge traces back to 2018 when Premier Doug Ford's government repealed Ontario's cap-and-trade system and set a new emissions target of 30% below 2005 levels instead of the previous 37% below 1990 levels by 2030.

  • The lawsuit asserts that the Ontario government's decision to reduce emissions targets in 2018 violated the Charter's guarantees of equality, life, and security.

  • The Ontario Court of Appeal previously ruled that the lawsuit could proceed, allowing the plaintiffs to challenge the government's climate policies under the Charter of Rights and Freedoms.

  • The Court of Appeal clarified that the issue is not whether the youth are demanding government action on climate change, but whether Ontario's chosen emissions target meets Charter standards.

  • An Ontario Superior Court judge acknowledged a significant gap between necessary global emissions reductions and the provincial plan, yet did not find a Charter violation in the emissions target itself.

  • The appeal could represent a significant moment in Canadian law, as it may define governmental responsibilities concerning environmental issues.

  • The original emissions target was set at 37% below 1990 levels by 2030 but was lowered to 30% below 2005 levels after the Progressive Conservative government repealed the cap-and-trade system.

  • Initially dismissed in lower courts, the case gained traction when Ontario's highest court remanded it to a lower court for a new hearing, indicating potential merit in the constitutional challenge.

  • The ongoing case is considered a precedent, potentially influencing similar climate-related lawsuits across Canada, with an upcoming trial scheduled for October 2026 regarding the federal government's climate strategy.

Summary based on 5 sources


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