Ontario's climate plan is poised to undergo significant scrutiny once more as a constitutional challenge brought forth by a group of young climate activists is set to be reheard in Ontario Superior Court. The hearing is scheduled for December 1 and 2, 2025. This pivotal event comes on the heels of a previous dismissal by Canada’s supreme court regarding an appeal from the province that sought to involve it in this contentious case.
The young activists' legal team argues that the Ontario government’s decision in 2018 to downgrade its climate targets not only reflects a commitment to dangerously high levels of greenhouse gas emissions but also infringes upon their rights under the Canadian Charter of Rights and Freedoms. Their case is grounded in claims that the government’s actions undermine future livability and violate constitutional guarantees of a healthy and safe environment.
In 2022, the initial full hearing of this case led to an Ontario Superior Court judge acknowledging that Ontario's new climate targets fell "severely short of the scientific consensus" regarding necessary climate action. However, despite this recognition, the judge ultimately ruled that the government's decision did not constitute a violation of the constitution.
Following this, the young activists appealed the decision. Their appeal was met with a favorable outcome from Ontario’s highest court, which remanded the case back to the Superior Court for a new hearing. This ruling reinstated hope among the activists as they prepare to once again present their case, aiming to hold the provincial government accountable for its environmental policies.
The context of this case is significant, not only for the young activists involved but also for the broader conversation about climate action and legal accountability in Canada. As governments around the world grapple with the escalating climate crisis, legal avenues such as this challenge could set important precedents for how environmental policies are formulated and enforced at both provincial and national levels.
As the December hearings approach, all eyes will be on the courtroom, where the impact of legal findings may reverberate far beyond the boundaries of Ontario, potentially influencing climate policy across Canada. The outcome of this case could have profound implications for future climate action and the rights of citizens to demand governmental accountability for environmental stewardship.
