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 — The seven young Ontarians behind the landmark Mathur et al. v. Ontario climate case are condemning the Ford government for forcing through legislative changes to strip away provincial climate obligations — just days before a critical December 1 hearing where the government was expected to have to finally answer for its climate record.
Three weeks ahead of the hearing, the province revealed plans to remove key sections of the Cap and Trade Cancellation Act in its Fall Economic Statement. This includes removing the statutory requirements that Ontario set greenhouse gas emissions reduction targets, maintain a climate plan, and issue regular progress reports. Yesterday, after limiting debate, the government passed these changes into law.
The youth applicants — who made legal history in Canada by arguing that the province’s inadequate climate target and plan violate their Charter rights — believe removing these statutory obligations at the very moment when the Ford government would be forced to defend its target and plan amount to a last-minute attempt to avoid accountability.
“Less than a week before our day in court, the Ford government blindsided us by stripping away its own climate obligations,” said Zoe Keary-Matzner, a youth applicant in the case. “It’s deeply disappointing that the government would rather rewrite the rules at the eleventh hour than be accountable to the young people and citizens it’s supposed to serve. By removing these obligations, the government is trying to let itself off the hook for tracking its climate progress. But we are not about to let them get away with it.”
“It’s hard to see this as anything other than a clear attempt by the Ford government to skirt accountability for its climate record,” said Ecojustice lawyer, Fraser Thomson. “By scrapping the law that requires climate targets, the Ford government is tearing down the guardrails meant to hold it accountable.”
In light of these unexpected developments, the December 1 hearing has been adjourned while the parties and Court determine next steps and assess the implications of the government’s proposed legislative changes.
“When someone has to change the rules mid-game, it’s usually because they’re losing,” said Nader Hasan, partner at Stockwoods LLP and lead counsel to the applicants. “After losing at the Court of Appeal for Ontario, the Ford government was due back in Court on December 1 to face these seven youth and answer for its climate record. The timing of these “amendments” is not coincidental. These changes are yet another attempt by the Ford government to sidestep its responsibility to protect young people and future generations from the harms of climate change.”
While the youth applicants, backed by lawyers at Ecojustice and Stockwoods LLP, are disappointed by the Ford government’s last-minute move, they remain confident they will ultimately get their day in court to defend their constitutional rights. The youth applicants remain steadfast in their belief that it is only a matter of time before the courts hold governments to account under the Charter for fueling the climate crisis.
“If anything, this just makes us more determined to have our day in court,” adds youth applicant, Beze Gray. “We are not going away. We’re confident that the Ford government will have to confront the seven of us in court, and finally face the music for its climate record.”
In 2019, Alex Neufeldt, Beze Gray, Madi Dyck, Shae Wabegijig, Shelby Gagnon, Sophia Mathur, and Zoe Keary-Matzner made global headlines when Mathur et al. became the first case to ever argue that a government’s weakening of its climate targets violates Canadians’ Charter rights to life, security of the person, and equality. Having already advanced through several levels of court, the case has secured multiple victories and left a significant mark on Canadian law. The youth applicants at the helm of the case are confident it will continue to represent a pivotal effort to affirm that governments have a legal and constitutional duty to avoid harming young people by contributing to the climate crisis.
For more:
About
Ecojustice uses the power of the law to defend nature, combat climate change and fight for a healthy environment. Its strategic, public interest lawsuits and advocacy lead to precedent-setting court decisions, law and policy that deliver lasting solutions to Canada’s most urgent environmental problems. As Canada’s largest environmental law charity, Ecojustice operates offices in Vancouver, Calgary, Toronto, Ottawa and Halifax.
