An Ontario judge dismissed a landmark lawsuit brought by a group of young people who say the government’s actions threaten their future, but she also harshly criticized the province’s climate plan, saying it “falls severely short” of what the science on climate change requires.
Superior court judge Marie-Andrée Vermette agreed with the youth applicants on several key points, including that young and Indigenous people are disproportionately impacted by climate change and that the province is risking the lives of Ontarians by not going further on its climate plan.
However, Vermette dismissed the lawsuit for several reasons, chiefly that inadequacies in Ontario’s climate plan and targets did not rise to the level of violating Section 7 of the Charter of Rights and Freedoms, which guarantees the right to life, liberty and security.
The plaintiffs wanted the government to bring in a new climate plan more closely aligned with science and the Paris Agreement’s goals of limiting global warming to well below 2 C.
The group of youth applicants, represented by environmental law charity Ecojustice, first filed the case in 2019 when the Progressive Conservative government of Premier Doug Ford replaced the previous Liberal government’s climate plan, cancelled Ontario’s cap and trade program, and brought in a weaker emissions target.
The Ontario case builds on other climate litigation in Canada, including a lawsuit against the B.C. government for its climate plan, which was dismissed earlier this year, and a lawsuit to reverse the approval of Bay du Nord, an oil project off the coast of Newfoundland.
While the case was dismissed, Ecojustice says it’s ready to take the case to the Ontario Court of Appeal and eventually the Supreme Court of Canada. The group also highlighted important findings in Vermette’s decision that could help them as they appeal to higher courts.
In a statement, Ecojustice lawyer Danielle Gallant said, “This decision shows it’s possible to hold the government accountable for its climate action through the courts.”
The Canadian cases join a long and growing list of climate lawsuits being filed across the world. Apart from advancing legal theories that could help climate advocates challenge government policies, the cases can also help bring attention to climate issues.
The Ontario judge’s decision, although a setback for the youth plaintiffs, highlights the urgent need for stronger climate action in Ontario and across Canada.