THUNDER BAY — A local student who helped lead a lawsuit against the Ontario government over its climate change plan feels the fight was worth it, even though the case failed.
Madison Dyck is one of seven young people from across the province who alleged that the climate change plan is so inadequate that it breaches the Charter of Rights and Freedoms guarantee of the right to life, liberty and security.
Dyck said her initial reaction to the decision was, "this is a bummer," but she believes losing the lawsuit will prove to be "a little bump in the road in terms of the big picture."
The students were backed by Ecojustice, the largest environmental law charity in Canada, and by lawyers from Stockwoods LLP.
A Superior Court Justice dismissed the case in a decision issued last week.
The judge agreed with their claim that young people are disproportionately impacted by climate change, but said "this disproportionate impact is caused by climate change" rather than by the government's climate-related legislation.
But Justice Marie-Andrée Vermette also took issue with Ontario's climate plan saying it falls "severely short" of what the science on climate change requires.
Ecojustice said the case was important because the court found that this kind of case — which challenges the constitutionality of climate targets and plans — is justiciable, meaning it is an appropriate legal question for courts to weigh in on.
It said this has been a significant obstacle for previous Charter-based climate cases in Canada.
The decision will be appealed to the Ontario Court of Appeal.
Dyck believes the movement to ramp up action against climate change has gained momentum because of the case.
"I think we still have some good opportunities ahead of us. It's still been worthwhile," she said.
The forestry student also believes it's helpful to have local news coverage of these issues, because it may prompt residents to reflect on how the climate is changing around their own community, and what they can do about it.
"If it can even spark some conversations at people's dinner tables tonight, that makes me happy."
Dyck, who grew up in Thunder Bay, said she's been witnessing the impact of climate change here at home, and cares deeply about the land and the water.
"I've tried a lot of routes to activism, and am very active in the community, but using the legal system is a tool that hopefully can implement really big change truly felt like a no-brainer to me."
