Ontario Youth Push Supreme Court for Climate Plan Challenge, Citing Rights Violation
December 23, 2024Ontario 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The legal challenge traces back to 2018 when Premier Doug Ford's government repealed Ontario's cap-and-trade system and set a new emissions target of 30% below 2005 levels instead of the previous 37% below 1990 levels by 2030.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at 37% below 1990 levels by 2030 but was lowered to 30% below 2005 levels after the Progressive Conservative government repealed the cap-and-trade system.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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Sources
The Globe and Mail • Dec 23, 2024
Ontario asks youth-led climate change case be heard by the Supreme Court of CanadaCanada's National Observer • Dec 23, 2024
Ontario appeals youth-led climate case to Canada's top courtCHAT News Today • Dec 23, 2024
Ontario asks Canada’s highest court to hear youth-led climate case