Jump to Content
A group of youth stand together with serious expressions. They are sitting on grass and rocks brought into a studio.

Photographer Tilly Nelson, set design Kendra Martyn & Kira Evenson

Ontario
Under appeal

#GenClimateAction: Mathur et. al. v. His Majesty in Right of Ontario

Mathur et. al. v. His Majesty in Right of Ontario

November 29, 2019

When the Ford government stepped into office in 2018, 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, infectious diseases, floods, and fires, that will harm the health of young Ontarians and future generations, 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. Children and youth, and particularly Indigenous young people, are also more vulnerable to the physical and mental health impacts of climate change. 

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

On April 14, 2023, the court dismissed the case. While the decision was a setback, it still broke new ground in charter climate litigation in Canada — and included a damning indictment of Ontario’s weak and dangerous climate target.  

The court found that the case is justiciable, which means it is an appropriate question for courts to weigh in on. This has been a significant obstacle for other Charter-based climate cases in Canada.  

The court also found that it was “indisputable” that because of climate change, Ontarians are experiencing increased risk of death and serious bodily harm and that the Government of Ontario — by enacting a target to reduce GHG emissions that falls well below what the global scientific consensus says is required — is contributing to that risk of harm. The court therefore found that Ontario’s target engages Charter rights to life and security of the person. It also recognized that climate change disproportionately impacts young people and Indigenous peoples. The case was dismissed on other legal grounds. 

The fight to hold the Ontario government accountable for its climate action is not over. The group of seven courageous young people are undeterred in their fight to protect youth and future generations from climate change, and in May 2023 served Ontario with a Notice of Appeal. 

They went to the Court of Appeal for Ontario on January 15, 2024 to appeal the dismissal of a crucial climate case.

The science says we must do more to combat the climate emergency, but the Government of Ontario has done the exact opposite at this critical moment. This is unacceptable, as the seven climate leaders at the heart of our latest case assert, unconstitutional.

Our youth clients are part of what we affectionately call Generation Climate Action (#GenClimateAction) — the remarkable young people around the world who have left their classrooms, put their plans on hold, and taken to the courts to speak truth to power about how the climate crisis impacts their future.

Despite the setback in this case, the decision contained bright spots that give us hope for the future of this case and climate litigation in Canada.

Ecojustice remains inspired by the courage and determination of these young applicants to advocate for a better, safer future for us all — and are committed to doing all we can to support them.

Jan 2024
A group of youth stand together with serious expressions. They are sitting on grass and rocks brought into a studio.
Sep 2022
A group of youth stand together with serious expressions above their heads text reads hashtag gen climate action
Aug 2022
a student stands in front of a black and white background with text hashtag Gen Climate Action
blog

The Ford government is failing young people. So we took them to court.

By Zoe Keary-Matzner, climate activist Summer is usually a time for forgetting about schoolwork, seeing friends and family, and having fun.
Jun 2022
Alex stands with arms crossed in front of a sketched background of a thunderstorm.
blog

Ontario storm is one of the reasons I’m going to court

By Alex Neufeldt, climate activist In the past fortnight, a storm ripped through many parts of Ontario, causing severe damage to homes, businesses, and infrastructure.
Mar 2021
press release

Youth climate case forges ahead after court affirms historic decision

TORONTO/TRADITIONAL TERRITORY OF THE HURON-WENDAT, THE ANISHNAABEG, HAUDENOSAUNEE, CHIPPEWAS AND THE MISSISSAUGAS OF THE CREDIT FIRST NATION – A court has dismissed Ontario’s attempt to overturn a key decision in a youth-led climate lawsuit, solidifying a historic legal victory and paving the way for seven young people to have their day in court.
Nov 2020
A group of young activists stand together and laugh. 2 raise their hands in victory. They all wear green toques.
blog

Victory! Youth-led climate case prevails over government attack

Late yesterday we received word that the seven courageous young people Ecojustice is backing in a landmark climate lawsuit against the Government of Ontario will get their day in court.
Nov 2020
A group of young activists stand together and laugh. 2 raise their hands in victory. They all wear green toques.
press release

Victory! Young Ontarians prevail over Ford government’s attempt to shut down climate case

Landmark climate ruling a first for Canadian court TORONTO – Seven young Ontarians have prevailed over the provincial government’s attempt to shut down a lawsuit asserting Charter rights life, liberty, and security of the person.
Sep 2020
Youth climate activists in Mathur et al vs. Her Majesty the Queen in Right of Ontario
press release

‘We are with you’ – Ontario youth voice support for fellow climate activists

TORONTO – Less than three months after appearing in a virtual court hearing themselves, the seven youth at the helm of an Ontario-based climate case have a message for other young climate activists taking action on the streets and in the courts.
Jul 2020
Cathy Orlando and her young daughter Sophia sit on a beach's shore and meditate.
blog

#GenClimateAction: Why you’re never too young, too old, or too in-between to join the climate movement

Fhow climate A multi-generational view of the climate crisis – and why anybody, at any age, can be part of #GenClimateAction.
Jun 2020
Seven young people suing the Government of Ontario for weakening climate targets
press release

Ontario youth strike back against province’s attempt to toss climate lawsuit

TORONTO – Seven young Ontarians are fighting to keep their landmark climate lawsuit alive in the face of the provincial government’s attempts to shut down the case before it can be heard.
Apr 2020
press release

Ontario youth vow to fight off Ford government’s efforts to shut down climate lawsuit

Ford takes aim at youth climate case  TORONTO — The seven young people suing the Government of Ontario for weakening its climate targets said today that they are determined to fend off the province’s attempts to shut down their lawsuit.
Apr 2020
A group of youth stand together. They wear green toques and smile.
blog

Seven young Ontarians are fighting to keep their climate lawsuit going

Here’s what you need to know about the government’s motion to strike the case The COVID-19 pandemic has left its mark on almost every Canadian.
Mar 2020
Shaelyn smiles and wears a hashtag gen climate action t-shirt. She has long brown hair.
blog

I’m 23 and I’m taking the Doug Ford government to court over the climate crisis

As an Algonquin woman, a young person and a member of the Caribou Clan, I feel the weight of the climate crisis every day.
Nov 2019
A group of people huddle together outside. 2 wear suits and the others wear green toques.
blog

FAQ: Why we’re backing seven incredible young climate leaders

As many of you have likely read (and watched), seven young people, backed by Ecojustice, launched a lawsuit against the Government of Ontario for weakening its climate targets.
Nov 2019
Seven young people suing the Government of Ontario for weakening climate targets
press release

7 Ontario youths sue Ford gov’t for weakening 2030 climate target

Lawsuit, backed by Ecojustice, argues Ford’s climate rollbacks violate Ontarians’ Charter rights TORONTO — Seven young people are suing the Government of Ontario for weakening its climate targets because it will lead to widespread illness and death, violating Ontarians’ Charter-protected rights to life, liberty, and security of the person.