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Climate change lawsuit involving two Thunder Bay youths goes to court

The youths say the target for cutting carbon emissions violates their rights under the Charter of Rights and Freedoms

THUNDER BAY — A lawsuit filed against the province by seven Ontario youths will go before a Superior Court judge next month.

In 2019, Madison Dyck and Shelby Gagnon  of Thunder Bay joined five other young people from across the province in a legal challenge to the Ford government's target for reducing carbon emissions.

They alleged that the government has endangered their right to life, liberty and security of the person under the Canadian Charter of Rights and Freedoms.

The lawsuit seeks to strike down the province's 2030 climate change objective, which is a 30 per cent reduction in greenhouse gas emissions from 2005, on the basis it is inadequate.

In early 2020, the province filed a motion to strike the case, arguing that the issues raised in the application are not matters that should be dealt with in court.

It said it had no constitutional obligation to prevent harms associated with climate change, and that harms caused by a lower emissions target could not be proven scientifically.

A judge ultimately rejected those arguments, and last year Ontario lost a request to overturn that ruling.

Supported by the group Ecojustice, the youths will present their case in court on Sept. 12 to Sept. 14, 2022.

In a statement, Ecojustice calls the case historic because it's the first climate lawsuit based on rights protected under the Charter of Rights and Freedoms to be heard on its merits in a court.

"A victory for these young people could set a precedent under the highest law of the land that no government in Canada can take action that contributes to the climate crisis without potentially violating Charter rights," it says, adding that it would also mean "exponential progress in the fight for a safe climate future."

Dyck has said she's concerned about the changes she’s already seeing in her environment, including rising lake temperatures, more forest fires, and impacts on fish stocks, moose, and blueberries.

She's also worried about how climate change will affect her mental health.

Gagnon has stated that she's worried about how climate change will impact food sovereignty for Indigenous peoples across Canada. 

"This makes me sad for myself and for future generations, who may one day be unable to harvest traditional medicines," she said in a statement posted by Ecojustice.




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