Youth Sue Ford on Low Greenhouse Emissions Targets

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Wed, 2022-09-21 15:20

jerrym

A group of young climate crisis Ontario activists are taking the Ford government to court over its "dangerously low" greenhouse emission targets. On September 11th they held a rally at Queens Park in support of the lawsuit. The case went to trial on September 12-14. While its too late to participate in this protest, more events are planned. Help spread the ward on the lawsuit and related actions.

As you read this, our legal team is finalizing the oral arguments we’ll make in the historic Mathur et. al. v. Her Majesty in right of Ontario lawsuit. From September 12–14, we’ll be in court and schooling the Ontario government on climate science.

Cast your mind back to cramming for a test, and you’ve got a taste of how it feels in our team right now.

We’re working with the applicants on this case — Sophia, Zoe, Shaelyn, Shelby, Alex, Madison, and Beze — to make sure everyone’s prepared for what’s about to happen. When we head into that hearing, we’re going to give it our very best shot.

But before we do, let’s make some noise.

If you’re in the Greater Toronto Area on September 11, we’re having a rally at Queen’s Park to show these brave young leaders how many people have their backs. Come join us for an afternoon of inspiring speakers, including the chance to hear directly from Sophia, Zoe, Shaelyn, Shelby, Alex, Madison, and Beze. After all, this case isn’t just about their futures — it’s about all our futures.

We’ll be meeting 2PM on the south lawn of Queen’s Park, so head towards the Ecojustice banner. There will be marshals to guide you and full accessibility information can be found on our Eventbrite page.

If you can’t make it, you can still show up in another way. Share our court submission and encourage friends and family to sign. It takes just three minutes, and it really would make such a difference.

YES, I’LL SHARE VIA FACEBOOK

YES, I’LL SHARE VIA TWITTER

YES, I’LL SHARE VIA EMAIL

Before I go, I just wanted to say how proud I am of each person I have the privilege of representing on this case. Since we started working together in 2019, I’ve seen firsthand how these already-remarkable young people have grown into even more powerful, vibrant climate leaders for their communities.

https://aware-simcoe.ca/2022/09/climate-justice-now/

Wed, 2022-09-21 15:26

jerrym

Here more info on the lawsuit involving students suing the Ford government over its its "dangerously low" greenhouse emission targets.

Ontario has set greenhouse gas emissions reduction targets dangerously low and is therefore discriminating against young people, who will bear a disproportionate burden of climate change, seven youth activists argue in a lawsuit against the government.

Their constitutional challenge, backed by Ecojustice environmental lawyers, is set to be heard Monday in Ontario Superior Court.

"Although climate change is global in scale, how decisions are made provincially and at every level is fundamentally important for addressing this issue that affects all of us," one of the youth, Shaelyn Wabegijig, said at a press conference Sunday.

"We are here today to address the dire situation we find ourselves in and are able to tell our children that we did all we could, while we could, to change our trajectory."

The crux of the lawsuit dates back to 2018 when the newly elected Progressive Conservative government repealed a law from the former Liberal government that had established a cap-and-trade system for reducing emissions. That law had set a target of reducing emissions 37 per cent below 1990 levels by 2030.

The Tories replaced that target with one to reduce emissions 30 per cent below 2005 levels by 2030. Reducing the percentage target and moving the baseline year will allow for an additional 200 million tonnes, the youth's experts say.

That is a "dangerously high level of greenhouse gas emissions" and violates the sections of the charter on life and security of the person, as well as discrimination based on age, the lawsuit alleges.

"Youth — and, in particular, youth under 18 years old — and future generations will bear a disproportionate burden of climate change's most devastating impacts due to their unique characteristics, and the fact that the escalating nature of the impacts of climate change means the most devastating effects will occur during their lifetimes," the activists and their lawyers say in their written arguments.

The Ontario government is asking the court to dismiss the lawsuit, arguing against "judicial control over environmental and climate policy." There is no constitutional right requiring a government to take certain actions now to avoid future climate-related harms, government lawyers say in written arguments.

Ontario doesn't dispute human-caused climate change and its risks to people's health, but in order for the lawsuit to succeed, the youth would have to prove that the province's new target would cause or contribute to those harms — and they don't, government lawyers say.

"It is fanciful to imagine that invalidating Ontario's plan and target could avert the harms caused by anthropogenic climate change," they write, arguing that Ontario's emissions represent less than one per cent of the global total.

"None of the applicants' experts gave evidence that any harms in Ontario caused by climate change would be averted or even measurably mitigated if Ontario set a different target or came up with a different plan for the year 2030."

But the youth question the credibility of the government's experts on that point, saying they "fail to recognize the collective action aspect of the global warming problem."

"They focus on the relatively small fraction of Ontario's GHG on the global scale instead of the fact that jurisdictions like Ontario must take action in order to avert climate disaster," lawyers for the youth write in their arguments.

This case is a chance to communicate to Ontario and the rest of the country why strong emission reduction targets are needed, said Zoe Keary-Matzner, one of the youth involved in the lawsuit.

"In all my 15 years, I don't remember a time when I wasn't deeply concerned about climate change and the fate of the world," she said at the press conference. "I only wish my government felt the same."

https://www.cbc.ca/news/canada/toronto/ont-climate-lawsuit-1.6579422

Wed, 2022-09-21 15:24

jerrym

On October 29th Ecojustice lawyer Fraser Thomson, as well as environmental youth activist Zoe, one of the seven young people suing the Ford Ontario government over its low greenhouse emission reduction targets, will be discussing their Mathur et. al. v. Her Majesty in right of Ontario lawsuit in Tobermory (a village on the Bruce Peninsula in Ontario) at the Sources of Knowledge Forum with the conference theme being The Climate is Changing: Will We? There will also be long list of environmental activists, including Diane Saxe, "former Environmental Commissioner of Ontario (2015 - 2019), and rated as one of the top 25 environmental lawyers in the world. The biographies of the speakers can be seen at https://sourcesofknowledge.ca/2022-speakers/

Help spread the word on this conference.

Diane Saxe Ontario Environmental Commissioner 2015-19

As this newspaper goes to print, Sophia, Zoe, Shaelyn, Shelby, Alex, Madison, and Beze, will school the Ontario government on climate, in a legal showdown that’s been years in the making. That’s right. On September 12–14 the Ecojustice youth climate lawsuit, Mathur et. al. v. Her Majesty in Right of Ontario, will finally reach its full hearing.

If you’ve been following the story so far, you’ll know that these seven young people should be proud, no matter the outcome. Already, this case has made Canadian history and could set a vital legal precedent for climate action across Canada — not just Ontario.

But it gets better. On October 29, Ecojustice lawyer Fraser Thomson, as well as Zoe, will be presenting on the case right here in Tobermory at the Sources of Knowledge Forum. You can have a front row seat to see and learn about real time climate action by the youth of our province.

This year’s conference theme is The Climate is Changing: Will We?

We are very excited with our line up of speakers! They will cover topics ranging from sustainable farming, to carbon management in forests, to stories of engagement with youth across Canada about climate action, to ecological economics. And we have our always popular movie night hosted by Stephen Scharper. Our keynote speaker is Dianne Sax, former Environmental Commissioner of Ontario, and rated as one of the top 25 environmental lawyers in the world. That’s right, in the world. Right here in Tobermory.

Dates: October 28-30

For registration and program, go to www.sourcesofknowledge.ca

https://brucepeninsulapress.com/2022/09/15/sources-of-knowledge-forum-oc...

Wed, 2022-09-21 15:33

jerrym

Here's more from the Ecojustice website on the history Mathur et. al. v. Her Majesty in right of Ontario lawsuit, in which seven young people sue the Ford Ontario government over its low greenhouse emission reduction targets:

When the Ford government stepped into office, it unlawfully passed the Cap and Trade Cancellation Act — a move Ecojustice swiftly (and successfully) challenged on the basis that the Ford government ignored public consultation requirements under Ontario’s Environmental Bill of Rights.

While our case vindicated Ontarians’ right to be consulted on changes to environmental law, it did not reverse the Cap and Trade Cancellation Act, which rolled back the province’s relatively progressive climate targets, and allowed the government to replace them with a significantly weaker 2030 target.

This weaker target will allow more greenhouse gas emissions to be emitted, further contribute to dangerous climate change-related impacts such as heatwaves, floods, fires, and poor air quality that will harm the health of Ontarians, and violate their Charter rights to life, equality, and security of the person.

Young people are especially at risk when it comes to climate threats because these risks will increase in the coming years if greenhouse gas emissions are not reduced. It’s their lives and lives of everyone who comes after them that will be forced to bear the costs of climate inaction more than previous generations.

That’s why seven young climate leaders, backed by Ecojustice, courageously stepped up to the plate in November 2019, launching a legal fight for a safe and healthy future — starting with a safe climate.

On April 15, 2020, the government filed a motion to strike the case, arguing it should not proceed to a full hearing. The youth applicants countered this motion in July 2020, arguing that they deserved their day in Court.

This led to a historic win. For the first time in Canadian history, a court recognized that climate change has the potential to violate Charter rights and gave the youth the greenlight to move ahead to a full hearing.

The Ontario government then tried to overturn this ruling, but in March 2021 the Ontario Divisional Court dismissed the province’s request to appeal.

This makes Mathur et. al. the first case of its kind to clear key procedural hurdles and now proceeds to a full hearing before Ontario Superior Court on September 12-14, 2022.

https://ecojustice.ca/case/genclimateaction-mathur-et-al-v-her-majesty-i...

Wed, 2022-09-21 15:41

jerrym

Here is part of what the young plaintiffs and lawyer in the Mathur et. al. v. Her Majesty in right of Ontario lawsuit said in court:

Toronto, Ont./ Traditional territories of several First Nations including the Williams Treaties First Nations, Huron-Wendat, the Anishnaabeg, Haudenosaunee, Chippewas, and the Mississaugas of the Credit First Nation – Seven courageous young people are before the Ontario Superior Court virtually today to challenge the provincial government’s decision to significantly weaken Ontario’s 2030 climate target. In 2018, the government gutted the province’s climate targets, enabling dangerous levels of emissions over the next decade.

Backed by Ecojustice and lawyers from Stockwoods LLP, these young applicants involved in Mathur et. al. claim that the Ontario government has infringed on their rights to life, security, and equality under the Canadian Charter of Rights and Freedoms.

This case is historic because it is the first climate lawsuit based on rights protected under the Charter to be heard on its merits in a Canadian court. Sophia, Zoe, Shaelyn, Alex, Shelby, Madi, and Beze argue that at a time when the science says that all governments must do more on climate action, the Ontario government has moved backwards.

These young people in court today are part of an international movement challenging governments’ irresponsible climate actions through the legal system. In Germany, Colombia, Pakistan, the United States, and many other countries, young people have gone to court to demand that governments step up to the plate and do more to secure a safe and sustainable future for them and future generations.

A victory for these young people could set a precedent under the Constitution that no government in Canada can take action that contributes to the climate crisis without potentially violating Charter rights.

Our clients are following a long tradition of turning to the Charter at pivotal moments in the fight for justice. In the past, the Charter has been instrumental in making Canadian society more just and equitable by securing rights to same sex marriage, abortion, and numerous other rights.

A victory in this case would mean real progress in the fight for a safe climate future and could set a historic precedent affecting how governments across Canada address the climate crisis.

Danielle Gallant, Ecojustice lawyer, said:

“This case is historic because it is the first climate lawsuit based on Charter-protected rights to reach a full hearing in any Canadian court.

Throughout the world, legal challenges of government climate action have become a powerful tool for young people to demand change.”

Nader Hasan, Stockwoods LLP, said:

“We are in court today to argue that the climate emergency is a threat unlike the world has ever known. It will lead to a range of disasters that puts the very lives of young people at risk through increased risk of disease, extreme weather and the breakdown of food systems, cultural practices and political security across the globe.

“The Ontario government is aware of this threat, and yet it passed a law that gutted the climate target for the province.”

Sophia Mathur, Sudbury, Ont., said:

“The climate crisis is going to impact everyone, both now and into the future. It is important for me to be part of this case because we need to stand up for the generations to come and make sure they have a safe and liveable planet.”

Zoe Keary-Matzner, Toronto, Ont., said:

“Being involved in this case is a chance to educate people in Ontario and across Canada about why we need strong climate targets to make sure we have a safe and sustainable future.”

Shaelyn Wabegijig, Peterborough, Ont., said:

“As an Indigenous person, not only do I have the right to address the impact of climate change in court, I have a responsibility to protect the sacred land, water and air that nourishes us and should nourish future generations.”

Shelby Gagnon, Thunder Bay, Ont., said:

“I’m concerned about the impact that climate change will have on people and the land that we depend on for our survival. As an Indigenous person from northern Ontario, I am already witnessing the impact of climate change on my community.”

Alex Neufeldt, Ottawa, Ont., said:

“I’m worried about the impact that climate change and extreme weather events will have on our future and the challenges that young people like me will face in building homes, businesses and communities.”

Madison Dyck, Thunder Bay, Ont., said:

“I love everything about Lake Superior- it is home to me. But the changes in the winter ice, and rising temperature of the water have me worried. Lake Superior is one of the fastest warming lakes in the world. As a lake that is known for how cold it is, this is a serious threat to the delicate ecosystem.”

Beze Gray, Aamjiwnaang First Nation, Ont., said:

“My home of Aamjiwnaang First Nation is beside Ontario’s Chemical Valley where Canada’s largest concentration of petrochemical refineries have impacted the health and well-being of my community. I’ve experienced firsthand the devastation caused by Canada’s oil industry.”

Background:

Mathur et. al. was launched in November 2019 to challenge the Ontario government scrapping its relatively progressive climate targets and replacing them with a significantly weaker 2030 target, enabling dangerous levels of emissions over the next decade.

On April 15, 2020, the government filed a motion to strike the case, arguing it should not proceed to a full hearing. The youth applicants countered this motion in July 2020, arguing that they deserved their day in Court.

This led to a historic win on November 12, 2020. For the first time in Canadian history, a court recognized that climate change has the potential to violate Charter rights and gave the youth the green light to move ahead to a full hearing.

The Ontario government then tried to overturn this ruling, but in March 2021 the Ontario Divisional Court dismissed the province’s request to appeal.

This makes Mathur et. al. the first case of its kind to clear key preliminary hurdles and move to a full hearing.

https://ecojustice.ca/pressrelease/young-ontarians-in-court-for-historic...