A lawsuit launched by seven Ontario youth against the provincial government will go ahead.
In the lawsuit launched in November 2019, Sophia Mathur of Sudbury and six other young Ontario residents launched their suit in November 2019, arguing Ontario’s current 2030 target of reducing greenhouse gas emissions to 30 per cent below 2005 levels "is inadequate, unconstitutional, and must be struck down."
Back in April, the government of Ontario filed a motion to strike against the lawsuit, arguing it shouldn't go to a full hearing. The province's argument, as detailed in an email to Sudbury.com from the Ministry of the Attorney General, is pretty simple.
"Ontario's position is that it is plain and obvious that the application will fail, as the issues raised are not matters that should be dealt with in court," said the statement supplied by Brian Gray, a spokesperson for the AG.
However last week, an Ontario court ruled the lawsuit can go ahead.
“This landmark victory is a legal first in Canada,” the group said in a statement issued by their lawyers. “For the first time ever, a Canadian court has ruled that fundamental rights protected under the Charter can be threatened by climate change and citizens have the ability to challenge a Canadian government’s action on the climate crisis under the highest law in the land.”
The suit was launched by Sophia Mathur, along with Zoe Keary-Matzner, Shaelyn Wabegijig, Shelby Gagnon, Alex Neufeldt, Madison Dyck and Beze Grey. The seven range in age from 13 to 25 and hail from communities across Ontario. They are represented by lawyers from Ecojustice and Stockwoods LLP in this public interest litigation.
The group of activists allege the Government of Ontario’s “weakening” of climate change targets will lead to widespread illness and death, and violate Ontarians’ Charter-protected rights to life, liberty, and security of the person.
“We’re in a climate emergency. That’s a fact that’s acknowledged by the federal government and hundreds of municipalities across this country," said Nader Hasan, a partner with Stockwoods LLP, back in April.
“This government is aware of the existential threat the climate emergency poses. Because the Ford government won’t act on its own, our clients are asking the courts to order this government to wake up and take action. The government’s motion will delay things, but we’re confident it won’t ultimately deny us our day in court.”
Calling the government’s move to strike a “procedural attack” to avoid a hearing, through their lawyers argue that the province is reluctant to have climate change evidence presented in open court because “that will undoubtedly highlight the science behind the climate emergency and the urgent need for swift, ambitious climate action.”
Lawyer Nader Hasan called the court’s decision a clear rebuke of the province’s argument that the courts are not the place to fight climate change.
“Today’s decision reinforces what we have said all along: we need to be able to hold Ontario accountable for its unconstitutional actions in a court of law, based on the evidence,” Hasan said. “The government tried to argue that the courts aren’t the right place to address climate change, and that the problem is so big and complicated that Ontario’s targets can’t impact Charter rights. This victory is a resounding rebuke of those claims. The court agrees with us that this case should move ahead and we look forward to that happening.”
