The climate lawsuit filed against the Ontario government by seven young people in Ontario, including Sudbury’s own Sophia Mathur, has been dismissed by Superior Court Justice Marie-Andrée Vermette.
However, Vermette’s decision included some strong and critical words for the Ontario government.
The lawsuit was launched in November 2019 with the support of environmental law charity Ecojustice. Mathur and six other young Ontario residents (Zoe Keary-Matzner, Shaelyn Wabegijig, Shelby Gagnon, Alex Neufeldt, Madison Dyck and Beze Grey) argued the province has significantly weakened its 2030 climate target, essentially moving backwards on climate action at a time when science says that all governments must do more.
You can learn more about them here.
The application's dismissal means Vermette found Ontario’s target was not unconstitutional and did not order the government to set a new science-based target, but the decision cleared some major hurdles to set an important precedent for climate litigation in Canada.
"By not taking steps to reduce GHG (greenhouse gasses) in the province further, Ontario is contributing to an increase in the risk of death and in the risks faced by the Applicants and others," Vermette wrote in the decision.
Justice Vermette agreed with the applicants on several key points, including that the case is justiciable, meaning that Canadian courts can hear and decide Charter-based cases that challenge specific legislation or state action – such as climate targets and plans. Vermette also stated that:
- Ontario’s target "falls severely short” of what the scientific consensus requires, and this increases the risk to Ontarians’ life and health. This deprives Ontarians of their section seven rights to life and security of the person under the Charter.
- Vermette rejected Ontario’s arguments that its emissions were globally insignificant, recognizing that “every tonne of CO2 emissions adds to global warming and leads to a quantifiable increase in global temperatures that is essentially irreversible on human timescales.”
- The judge endorsed the goal set out in the Paris Agreement to keep warming below 1.5 degrees Celsius, and the applicants’ expert evidence on the impacts of climate change on Ontarians.
- The decision broadly accepts the science set out in reports by the Intergovernmental Panel on Climate Change (IPCC), with Vermette stating “I find that the IPCC reports are a reliable, comprehensive and authoritative synthesis of existing scientific knowledge about climate change and its impacts. I reject any suggestion to the contrary by Ontario’s experts (Dr. van Wijngaarden in particular) whose credentials do not measure up to those of the IPCC.”
A press release from Ecojustice states the group of young people will be appealing the decision to Ontario's Court of Appeal.
“Around the world, legal challenges are becoming a powerful tool for young people to hold their governments accountable for climate action,” said Ecojustice lawyer Danielle Gallant in a release. “While this decision is disappointing, we remain inspired by the courage and determination of these young applicants to advocate for a better, safer future for us all. We remain behind them to support their fight, to the Court of Appeal and beyond.”