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Supreme Court Won't Hear Province's Appeal in Youth-Led Ontario Climate Case
Supreme Court Won't Hear Province's Appeal in Youth-Led Ontario Climate Case

Canada Standard

time02-05-2025

  • Business
  • Canada Standard

Supreme Court Won't Hear Province's Appeal in Youth-Led Ontario Climate Case

Canada's top court has dismissed Ontario's request to weigh in on a major challenge to its climate plan brought by a group of young activists. The decision released on Thursday means the case will be revived with a new hearing in the lower courts, The Canadian Press reports. Lawyers at Ecojustice and Stockwoods LLP, who are backing the activists, said in a press release that they are celebrating the ruling. "By refusing to take up Ontario's appeal, the Supreme Court has confirmed the Ontario Court of Appeal ruling is the law of the land, marking a significant victory for climate litigation in Canada." "It's decision time," said lead counsel Nader Hasan. "The Ontario government is out of runway and will finally have to face the music for gutting its climate targets and putting our collective health, safety, and futures at risk." In 2019, at the height of a youth-led wave of climate activism, 12-year-old Sophia Mathur and six other young people joined together to challenge Ontario's watered-down emissions target. Lawyers for the group argued the province's 2018 decision to replace its climate target with a weaker one committed the province to dangerously high levels of planet-warming greenhouse gases. They argued the revised target jeopardized their right to life and discriminates against them as young people who will bear the brunt of future climate impacts. View our latest digests Ontario had brought the new emissions target in 2018 after scrapping the law underpinning its cap-and-trade system. It replaced the target in that law - of reducing emissions to 37 per cent below 1990 levels by 2030 - with a new aim of 30 per cent below 2005 levels. The young people brought evidence to show the revised target could allow for 30 additional megatonnes of annual emissions, the equivalent emissions from about seven million cars every year from 2018 to 2030. They asked the court to direct Ontario to set a science-based target consistent with what would be necessary to meet Canada's international climate commitments. Their challenge was initially rejected by the lower court, but it was given fresh life by the Court of Appeal for Ontario last year, which sent the case back to a trial judge for a new hearing. Ontario then asked the Supreme Court of Canada to weigh in on the case, saying it raises questions of national importance about whether governments are constitutionally required to fight climate change. The top court declined to do that, so the Appeal Court's decision stands and a fresh hearing will come next. Before this case, courts had dismissed citizen-led Charter challenges of climate targets on preliminary grounds, often because they found them to be too broad or too political. Despite Ontario's attempts to have this case tossed out on similar grounds, the seven young people made history. It was the first case in Canada to consider - in a full hearing, with piles of expert evidence on the risks of global warming-whether a government's climate plan could actually violate the Charter. Legal experts have said the case could clarify whether governments in Canada have any constitutional obligation to protect Canadians from climate change. "This case is really important for basically the trajectory that Canada is headed in terms of combating climate change and whether or not, as a country, we will be able to avoid the worst, most catastrophic impacts of climate change on a time scale that is meaningful, especially for young people," climate law expert Stepan Wood previously told The Canadian Press. Wood had argued that the Supreme Court deciding not to hear the case could be seen as positive for the activists' chances. But Nathalie Chalifour, a University of Ottawa law professor, argued before the decision that if the case was punted back to the lower courts, it could still wind up back in front of the Supreme Court down the road. It could mean more time spent on the case without getting clear direction from the court, she said. "Every year that goes by, the climate emergency worsens and we shut out options, we risk passing tipping points that are irreversible on a human time scale," said Chalifour, who acted as a lawyer for an intervener, environmental group Friends of the Earth, when the case went before the Appeal Court. "The sooner we hear these matters the better," she said. - With files from Rianna Lim. This report by The Canadian Press was first published May 1, 2025. Source: The Energy Mix

Supreme Court won't hear province's appeal in youth-led Ontario climate case
Supreme Court won't hear province's appeal in youth-led Ontario climate case

Toronto Star

time02-05-2025

  • Politics
  • Toronto Star

Supreme Court won't hear province's appeal in youth-led Ontario climate case

Canada's top court has dismissed Ontario's request to weigh in on a major challenge to its climate plan brought by a group of young activists. The decision released on Thursday means the case will be revived with a new hearing in the lower courts. In 2019, at the height of a youth-led wave of climate activism, 12-year-old Sophia Mathur and six other young people joined together to challenge Ontario's watered-down emissions target. ARTICLE CONTINUES BELOW Lawyers for the group argued the province's 2018 decision to replace its climate target with a weaker one committed the province to dangerously high levels of planet-warming greenhouse gases. They argued the revised target jeopardized their right to life and discriminates against them as young people who will bear the brunt of future climate impacts. Ontario had brought the new emissions target in 2018 after scrapping the law underpinning its cap-and-trade system. It replaced the target in that law – of reducing emissions to 37 per cent below 1990 levels by 2030 – with a new aim of 30 per cent below 2005 levels. The young people brought evidence to show the revised target could allow for 30 additional megatonnes of annual emissions, the equivalent emissions from about seven million cars every year from 2018 to 2030. They asked the court to direct Ontario to set a science-based target consistent with what would be necessary to meet Canada's international climate commitments. Their challenge was initially rejected by the lower court, but it was given fresh life by the Court of Appeal for Ontario last year, which sent the case back to a trial judge for a new hearing. ARTICLE CONTINUES BELOW ARTICLE CONTINUES BELOW Ontario then asked the Supreme Court of Canada to weigh in on the case, saying it raises questions of national importance about whether governments are constitutionally required to fight climate change. The top court declined to do that, so the Appeal Court's decision stands and a fresh hearing will come next. Before this case, courts had dismissed citizen-led Charter challenges of climate targets on preliminary grounds, often because they found them to be too broad or too political. Despite Ontario's attempts to have this case tossed out on similar grounds, the seven young people made history. It was the first case in Canada to consider – in a full hearing, with piles of expert evidence on the risks of global warming – whether a government's climate plan could actually violate the Charter. Legal experts have said the case could clarify whether governments in Canada have any constitutional obligation to protect Canadians from climate change. 'This case is really important for basically the trajectory that Canada is headed in terms of combating climate change and whether or not, as a country, we will be able to avoid the worst, most catastrophic impacts of climate change on a time scale that is meaningful, especially for young people,' climate law expert Stepan Wood previously told The Canadian Press. ARTICLE CONTINUES BELOW ARTICLE CONTINUES BELOW Wood had argued that the Supreme Court deciding not to hear the case could be seen as positive for the activists' chances. But Nathalie Chalifour, a University of Ottawa law professor, argued before the decision that if the case was punted back to the lower courts, it could still wind up back in front of the Supreme Court down the road. It could mean more time spent on the case without getting clear direction from the court, she said. 'Every year that goes by, the climate emergency worsens and we shut out options, we risk passing tipping points that are irreversible on a human time scale,' said Chalifour, who acted as a lawyer for an intervener, environmental group Friends of the Earth, when the case went before the Appeal Court. 'The sooner we hear these matters the better,' she said. — With files from Rianna Lim. This report by The Canadian Press was first published May 1, 2025. Politics Headlines Newsletter Get the latest news and unmatched insights in your inbox every evening Error! Sorry, there was an error processing your request. There was a problem with the recaptcha. Please try again. Please enter a valid email address. Sign Up Yes, I'd also like to receive customized content suggestions and promotional messages from the Star. You may unsubscribe at any time. By signing up, you agree to our terms of use and privacy policy. This site is protected by reCAPTCHA and the Google privacy policy and terms of service apply. Politics Headlines Newsletter You're signed up! You'll start getting Politics Headlines in your inbox soon. Want more of the latest from us? Sign up for more at our newsletter page.

Canada's top court to decide whether to hear youth-led climate case
Canada's top court to decide whether to hear youth-led climate case

National Observer

time01-05-2025

  • Politics
  • National Observer

Canada's top court to decide whether to hear youth-led climate case

Canada's highest court is set to decide today whether it will hear arguments in a trailblazing climate change lawsuit that could clarify whether governments are constitutionally required to tackle planet-warming emissions. The decision could set the stage before the Supreme Court of Canada in a case where seven young people have challenged Ontario's weakened climate target. The group has argued the revised target commits the province to dangerously high greenhouse gas levels, in a way that jeopardizes their right to life and forces them to bear the brunt of future climate impacts. The case is the first in Canada where a court, in a full hearing, considered whether a government climate plan could violate the Charter of Rights and Freedoms. Ontario asked the Supreme Court of Canada to weigh in on the case, saying it raises questions of national importance about whether governments are constitutionally required to fight climate change. The case began in 2019, when 12-year-old Sophia Mathur and six other young people joined together to challenge Ontario's watered-down emissions target. Legal experts say the case could fundamentally alter how governments are held to account on climate change. Before this case, courts had dismissed citizen-led Charter challenges of climate targets on preliminary grounds, often because they found them to be too broad or too political.

Canada's top court to decide whether to hear Ontario youth-led climate case
Canada's top court to decide whether to hear Ontario youth-led climate case

Global News

time01-05-2025

  • Politics
  • Global News

Canada's top court to decide whether to hear Ontario youth-led climate case

Canada's highest court is set to decide today whether it will hear arguments in a trailblazing climate change lawsuit that could clarify whether governments are constitutionally required to tackle planet-warming emissions. The decision could set the stage before the Supreme Court of Canada in a case where seven young people have challenged Ontario's weakened climate target. The group has argued the revised target commits the province to dangerously high greenhouse gas levels, in a way that jeopardizes their right to life and forces them to bear the brunt of future climate impacts. Get breaking National news For news impacting Canada and around the world, sign up for breaking news alerts delivered directly to you when they happen. Sign up for breaking National newsletter Sign Up By providing your email address, you have read and agree to Global News' Terms and Conditions and Privacy Policy The case is the first in Canada where a court, in a full hearing, considered whether a government climate plan could violate the Charter of Rights and Freedoms. Ontario asked the Supreme Court of Canada to weigh in on the case, saying it raises questions of national importance about whether governments are constitutionally required to fight climate change. Story continues below advertisement The case began in 2019, when 12-year-old Sophia Mathur and six other young people joined together to challenge Ontario's watered-down emissions target. Legal experts say the case could fundamentally alter how governments are held to account on climate change. Before this case, courts had dismissed citizen-led Charter challenges of climate targets on preliminary grounds, often because they found them to be too broad or too political.

Canada's top court to decide today whether to hear youth-led climate case
Canada's top court to decide today whether to hear youth-led climate case

Winnipeg Free Press

time01-05-2025

  • Politics
  • Winnipeg Free Press

Canada's top court to decide today whether to hear youth-led climate case

Canada's highest court is set to decide today whether it will hear arguments in a trailblazing climate change lawsuit that could clarify whether governments are constitutionally required to tackle planet-warming emissions. The decision could set the stage before the Supreme Court of Canada in a case where seven young people have challenged Ontario's weakened climate target. The group has argued the revised target commits the province to dangerously high greenhouse gas levels, in a way that jeopardizes their right to life and forces them to bear the brunt of future climate impacts. The case is the first in Canada where a court, in a full hearing, considered whether a government climate plan could violate the Charter of Rights and Freedoms. Ontario asked the Supreme Court of Canada to weigh in on the case, saying it raises questions of national importance about whether governments are constitutionally required to fight climate change. The case began in 2019, when 12-year-old Sophia Mathur and six other young people joined together to challenge Ontario's watered-down emissions target. Legal experts say the case could fundamentally alter how governments are held to account on climate change. During Elections Get campaign news, insight, analysis and commentary delivered to your inbox during Canada's 2025 election. Before this case, courts had dismissed citizen-led Charter challenges of climate targets on preliminary grounds, often because they found them to be too broad or too political. This report by The Canadian Press was first published May 1, 2025.

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