7 young people sued Ontario over its climate policy. This week, they made their case
CBC
Seven young people who brought a landmark lawsuit against the Ontario government, alleging its climate plan fails to protect them and future generations, were heard in Ontario Superior Court in Toronto this week; the first time a climate lawsuit aimed at changing government policy has had a full hearing in court.
The plaintiffs, represented by the environmental law charity Ecojustice, brought the suit in 2019 after the Progressive Conservative government of Premier Doug Ford replaced the former Liberal government's climate plan. It ended the province's cap and trade program and brought in a new, weaker emissions target.
The plaintiffs want the court to order the province to bring in a new plan. The specifics would be left up to the government, but the plaintiffs want it based on science and to be compatible with the aims of the Paris Agreement, which aims to limit global warming to well below 2 C.
"At current levels, the entire world is going to blow through the remaining carbon budget in five to 10 years, maybe even less," said Nader Hasan, lead lawyer for the plaintiffs.
"Ontario is using a grossly disproportionate share of that carbon budget."
But they face an uphill legal battle. The province has argued that its plan is not a law but rather a policy that cannot be challenged. According to constitutional law expert Julius Grey, courts generally avoid challenging government policies.
This case "faces the challenge of the government's argument, which has usually succeeded, that policy matters cannot be determined through the courts. In other words, it's not for the courts to determine if our budget is the right one, if the water supply is sufficient," he said.
Grey has some experience with climate lawsuits. In 2012, he worked on a case challenging the federal government's — then led by Prime Minister Stephen Harper — withdrawal from the Kyoto Agreement to limit global warming.
That lawsuit was dismissed by federal court before reaching a full hearing. In 2020, another climate lawsuit brought against Ottawa was also dismissed. That judge found the court had no role in directing Canada's overall approach to climate change.
The Ontario government tried to have this case dismissed too, but the motion was denied. By reaching a full hearing, the youth applicants have gone farther than previous cases. Any decision will send a message on how far courts can go in reviewing governments' approach to the escalating climate crisis.
"Maybe we are getting to the point where the environment is such a serious crisis that it can be litigated, that there are objective standards that can be imposed by the court," said Grey.
The seven plaintiffs, ranging in age from 15 to 27, come from different backgrounds and regions of Ontario. The lead plaintiff, Sophia Mathur, 15, lives in Sudbury. She's been involved in climate activism for years, and says watching the hearings unfold has been exciting.
"I'm hoping that Ontarians watch this case and they see that the Ontario government isn't doing enough," Mathur said.
Mathur says she's experienced the effects of climate change and extreme weather. In 2019, her family had to leave their home and live in a hotel for six months after a thawing and freezing cycle left ice on their roof that caused it to cave in.