Troy Shantz
The Ontario government’s attempt to shut down a landmark environmental lawsuit involving an Aamjiwnaang First Nation member has been rejected.
The Ontario Superior Court of Justice ruling marks the first time a Canadian court has ruled that fundamental rights protected under the Charter of Rights and Freedoms can be threatened by climate change, the advocacy group Ecojustice said.
Aamjiwnaang’s Beze Grey is one of seven young people who took the Ford government to court for not doing enough to prevent climate change. When the province weakened provincial climate targets in 2018, Grey said, it violated their Charter rights to life, liberty and security of person.
“We were all super happy, Grey said of the ruling. “And it means it can be heard by the highest law in the land.”
The ruling comes a year after Grey along with Sophia Mathur, Zoe Keary-Matzner, Shaelyn Wabegijig, Shelby Gagnon, Alex Neufeldt, Madison Dyck filed the lawsuit, with assistance from Ecojustice and Stockwoods LLP.
Aamjiwnaang is largely surrounded by petrochemical companies whose emissions have impacted residents for generations, including, among other things, their ability to hunt the land.
“(The judge) was fairly interested in our case,” Grey said last week. “She heard all the information from both sides, and was more leaning in our favour.”
The ruling adds heft to the lawsuit and indicates Charter rights do cover the threat of climate change, Grey said.
“If you fight for them, you can be heard and things can actually change.”
The government can still appeal the decision to prevent the case from proceeding to a full hearing.
“Today’s decision reinforces what we have said all along: we need to be able to hold Ontario accountable for its unconstitutional actions in a court of law, based on the evidence,” said Nader Hasan, a partner with Stockwoods LLP.
Grey has been an advocate for Aamjiwnaang since high school, bringing attention to the environmental impact local industry has had on the community.
Grey was a member of the Aamjiwnaang Youth Council, Green Team, Aamjiwnaang and Sarnia against Pipelines (ASAP), and helped organize the annual ‘Toxic Tour.’