The Ford government is trying to legislate climate denial — but young Ontarians aren’t about to let them off the hook
Last week, seven young Ontarians were scheduled to appear before the Ontario Superior Court of Justice for a long-awaited hearing.
The December 1st date had been fixed for months.
Our clients — Alex, Beze, Madi, Shae, Shelby, Sophia, and Zoe — reorganized school and work commitments and shifted their plans to make sure they could be court in Toronto. After 6 years and repeated precedent setting victories in their groundbreaking Charter challenge, they were ready to hold the Ford government accountable for its climate record at what we all hoped would be a final, decisive hearing.
But instead of getting their day in court, the Ontario government blindsided us all. Just days before the hearing, the province quietly repealed the very climate law that had been a focus of their case.
A last-minute attempt to escape accountability
Right before the hearing, in an unprecedented rollback of accountability, the Ontario government eliminated its statutory requirements to:
- set greenhouse-gas reduction targets
- maintain a climate plan, and
- publicly report on progress
Perhaps worst of all, the Ford government didn’t even have the courage to do this in standalone legislation through the regular checks and balances of procedure such as the Environmental Bill of Rights. Instead of standing in the Legislature and publicly stating they don’t believe Ontarians deserve a climate plan, they buried this policy change announcement in the 200+ pages of its Fall Economic Statement.
It is difficult to see this move as anything other than an attempt by the Ford government to avoid accountability. After all, when someone has to change the rules mid-game, we know it’s usually because they’re losing.
As a result, the December hearing has been “adjourned” (or postponed), while we regroup with our clients to determine the best path to move the case forward.
But rest assured, the legal fight is far from over. And in light of these most recent 11th hour changes, our clients are as determined as ever to make sure justice is served.
A case six years in the making
As many of you will remember, this case began back in 2019, when our clients challenged the province’s weakened 2030 emissions target under the Cap and Trade Cancellation Act, which rolled back Ontario’s climate targets and replaced them with a woefully inadequate one.
Our legal argument has always been clear: that inadequate climate action — including the province’s causing of excessive emissions under its insufficient climate target — violates our constitutional rights under Canada’s Charter of Rights and Freedoms.. Our clients also assert that the Ford government’s target and abysmal record on climate action violate the rights to life and security of the person and the right to equality given the disproportionate burdens placed on young people and future generations who will be left to clean up the mess.
While Courts in other countries are increasingly siding with citizens in these kinds of cases against their governments, Canadian Courts have yet to do so. Because the climate crisis had never been considered in the context of Charter rights, this case has set important precedents in clearing every significant legal hurdle thrown at it by the Ford government:
- In 2020 — the Courts rejected attempts to have the case thrown out and agreed the case was “justiciable” (in other words, that climate Charter cases deserve to be heard by Courts)
- In 2022 — our clients had their day in court, the first climate Charter case to ever proceed to a full hearing on its merits at the Ontario Superior Court of Justice
- And on October 17, 2024 — in a landmark ruling with ripple effects across the country, the Court of Appeal agreed with us: finding that it was “indisputable” that climate change was risking the lives and safety or Ontarians and that government climate targets must comply with the Charter
After the October 2024 groundbreaking ruling, Ontario’s highest court sent the case back for what we hoped would be a final, decisive hearing, which was scheduled for December 2025.
Now, by repealing their climate legislation, the Ford government seems to be pulling out all the stops to try and avoid their day in court.
This is bigger than one case
With this latest legal maneuver, it appears that the Ford government is effectively saying to the courts, our clients, and all Ontarians: “You don’t like our emission reduction target? Fine. Instead of facing the courts or the public on our record, we won’t have any target.”
This rollback of accountability is more than a political tactic. And it’s about more than just this case.
For many Ontarians — including our clients — this move undermines hard-fought legal and democratic safeguards. It’s not a minor legislative tweak, it’s a clear message from the government that our futures are not worth protecting. It is a retreat from climate accountability at the very moment when the legal and scientific consensus demands the exact opposite.
But make no mistake: this is not the end of this case, or of the government’s legal duty to account for climate change.
While laws can be repealed, Charter rights cannot be legislated away.
So… what happens next?
We have asked the Court to temporarily postpone our hearing, while we work with our clients to figure out the best path forward to hold the Ontario government to account for its climate record.
One thing that remains clear?
Our clients are more determined than ever to have their day in court.
In the meantime, we call on everyone — not just young people — to demand that the Ford government, and all governments, commit to a science-based climate plan and real leadership and accountability.
With hope, determination, and you, our community, by our side — we move forward.
