A group of seven young people, including one who grew up in Rama First Nation, are “undeterred” after the Ontario Superior Court dismissed their climate case against the provincial government.
Shaelyn Wabegijig is among the seven youth who launched a lawsuit against Premier Doug Ford’s government in 2020, claiming the province’s move to “significantly weaken” its 2030 climate target “violates the fundamental rights of youth and future generations,” according to a statement from Ecojustice.
While the dismissal of the case is a setback, the applicants — backed by the support of Ecojustice and Stockwoods LLP — remain hopeful.
“We are disappointed with this outcome, but we knew this struggle was not going to be easy. Our clients are ready to keep fighting,” said Nader Hasan, a partner with Stockwoods LLP.
Hasan said the clients are also “encouraged by the findings of fact made by the application judge.”
“The application judge accepted virtually all of our expert evidence on the impacts of climate change. She found that it was ‘indisputable’ that because of climate change, Ontarians are experiencing increased risk of death and serious bodily harm, and that the Government of Ontario — by not taking serious steps to reduce (greenhouse gases) — is contributing to that risk of harm. Based on these findings, we continue to believe that Ontario’s actions are violating the constitutional rights of youth and future generations.”
The court’s decision included “a damning indictment of the Ontario government’s inadequate and dangerous climate target, which puts people in the province on a collision course with the harmful and deadly impacts of climate change,” Ecojustice said in its statement.
The judge found the province’s targets fall “well short of the scientific consensus of what is needed to tackle climate change,” and “affirmed that young people and Indigenous peoples are disproportionately impacted by the harms of climate change.”
Danielle Gallant, a lawyer with Ecojustice, praised the young applicants, saying they have “made Canadian legal history.”
“The climate emergency is a threat unlike any humanity has ever known,” Gallant said. “After Ontario gutted its 2030 climate target enabling dangerous levels of emissions over the next decade, Sophia, Zoe, Shaelyn, Alex, Shelby, Madi and Beze stepped up to demand recognition that their government violated youth and future generations’ constitutional rights.”
Zoe Keary-Matzner, one of the applicants, from Toronto, also reflected on the positive parts of the case.
“The judge’s decision, though unfortunate, acknowledged the truth that climate change is an existential threat, which will cause severe harm to young and Indigenous people in Ontario,” Keary-Matzner said. “Now that these facts have been acknowledged, we will do whatever it takes until they have been properly addressed.”
The applicants plan to appeal the decision.
