A group of young Ontarians, including Aamjiwnaang First Nation activist Beze Gray, were back in court this week as part of an ongoing fight to hold the provincial government accountable for inaction on climate change.
The group, comprised of seven youth represented by environment law charity Ecojustice, and Stockwoods LLP, attended the Court of Appeal for Ontario, continuing their legal challenge of the Ontario government’s decision to significantly weaken the province’s 2030 climate target.
“The courtroom… was overflowing with media, members of the public, and a dozen intervenors,” said EcoJustice lawyer Danielle Gallant, adding that, after four years of pandemic virtual hearings, the youth finally got their day in court.
THE LAST FOUR YEARS
The youth started their legal fight for a safe and healthy future – a planet with a safe climate – by suing the Ontario government back in 2019 shortly after the Ford government unlawfully passed the the Cap and Trade Cancellation Act.
By doing so, the province rolled back progressive climate targets and replaced them with a significantly weaker 2030 target, allowing more greenhouse gas emissions to be emitted and harming the health and futures of all Ontarians, the group argued.
“When I think about the future, I feel scared about how climate change will impact my community’s way of practicing our culture, teachings and our health,” Gray said.
According to a study by World Weather Attribution, climate change more than doubled the likelihood of extreme fire weather conditions in Eastern Canada.
The Canadian Interagency Forest Fire Center says close to 45.7 million acres of land burned in Canadian wildfires throughout 2023, alone. That record surpasses the previous high of 17.5 million acres of land burned in Canadian wildfires, based on records spanning the last 40 years.
To put that land mass into context, the entire country of Portugal fits into 45.7 million acres – twice.
The climate leaders argued that because youth are especially at risk when it comes to climate threats, and because these risks will increase if nothing changes, children – especially young, Indigenous people – are disproportionately affected, violating their Charter rights to life, equality, and security of the Person.
Following a hearing in 2022, the Ontario Superior Court dismissed the case, but not before the court found it was “indisputable” that because of climate change, Ontarians are experiencing increased risk of death, and that the Government of Ontario – by lowering its target to reduce greenhouse gas emissions by 2030 – is contributing to that risk of harm.
“We need to hold the Ford government accountable for upholding treaties and higher standards for the land and future,” Gray said.
THE APPEAL
“The youth’s lawyers argued that the panel of three appeal judges should reverse the lower court’s findings that Ontario’s target does not violate youth and future generations’ rights to life, security of the person, and equality,” Gallant said.
Ecojustice lawyers also asked the Court to consider the heightened vulnerabilities of Indigenous youth and future generations to the impacts of climate change.
“Protecting the land from climate change now is protecting Indigenous culture, language, ceremony, and land-based practices for sovereignty and self-determination,” Gray added.
“The highest court in this province will now decide whether Ontario violated the rights of youth and future generations with their inadequate and dangerous climate target,” Gallant said.
“The youth appellants and their lawyers eagerly await the Court’s decision in the coming year.”