A court of appeal in Ontario has ordered a new hearing regarding a youth-led lawsuit that claims the province’s climate plan infringes on young people’s rights. This ruling overturns a lower court’s decision that determined the case was not governed by Canada’s Charter of Rights and Freedoms.
The case will now return to a lower court to assess whether Ontario’s greenhouse gas emissions targets violate the rights of young residents and whether the province should establish a new target.
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The lawsuit, filed by seven individuals aged 17 to 29, marks the first Canadian human rights-based climate case to be evaluated on its merits.
The plaintiffs argue that the province’s current emissions targets are insufficient and infringe upon their rights to life, liberty, security, and equality.
Central to the case is the question of governmental responsibilities to younger generations as climate change accelerates, along with whether Canada’s constitution recognizes such obligations and if the emissions targets have a meaningful impact on individuals’ lives.
A spokesperson for Ontario’s Ministry of the Attorney General stated that the province is a leader in addressing climate change and emphasized that the court did not make a decision regarding the constitutionality of Ontario’s climate plan or its targets.
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Fraser Thomson, the organization’s climate director and staff lawyer, says the plaintiffs, represented by Ecojustice, view the ruling as a victory.
While the trial judge previously ruled that the youth were arguing for a positive right—essentially a right to a benefit—the Court of Appeal disagreed with this interpretation, noting that Canada’s Charter does not guarantee positive rights.
