TORONTO — The Ontario government is asking the Supreme Court of Canada to rule on a historic challenge to the province's plan to combat climate change.
The case dates back to 2019, when seven youths – including two from Northwestern Ontario – launched a lawsuit against the province alleging that its decision a year earlier to weaken emissions targets violated the Charter of Rights and Freedoms.
Supported by the environmental law charity Ecojustice, they argued the lower targets for greenhouse gas emissions breached their Charter rights to life, security of the person and equality because it is youth who will suffer most from the impact of climate change.
In April 2023 the application was dismissed in the Superior Court of Justice, but in October of this year the Ontario Court of Appeal ordered the lower court to reassess the case.
Ontario has now applied for leave to appeal that decision to the Supreme Court, and have it determine "for the first time, whether and to what extent the Canadian Charter of Rights and Freedoms imposes obligations on Canadian governments to combat climate change."
Fraser Thomson, climate director at Ecojustice, said the province's filing opens the door to a generation-defining hearing before Canada's highest court, "one that could lead to recognizing that governments have constitutional obligations to address one of the most pressing emergencies we have ever faced."
He added "The climate crisis isn't going away, and neither are we."
After the recent Court of Appeal ruling, Madison Dyck of Thunder Bay, one of the young adults participating in the case, said "This has been a long time coming...It feels exciting. It feels really hopeful...Now some of those things that were maybe preventing a judge from making a decision are a bit clearer going forward."
Dyck said she was hoping for a new trial and a final decision as soon as possible.
The other local applicant in the case is Shelby Gagnon from Aroland First Nation.
