Ontario Youth Climate Lawsuit Relies on Charter of Rights:

The Energy Mix: We’ve seen several climate justice cases
in Canada rejected by the courts before they could be heard. Yours is
the first one to advance to a hearing. What makes it different?

Thomson: This
case is obviously historic. It’s the first climate lawsuit based on
Charter-protected rights to reach a full hearing in any Canadian court.
In 2020, when the Ontario Superior Court dismissed the province’s
attempts to stop this case, it made a landmark ruling
that fundamental rights protected under the Charter of Rights and
Freedoms can be threatened by climate change, and citizens have the
ability to challenge a Canadian government’s contributions to the
climate crisis under the highest law of the land. So for the first time
in Canadian legal history, a government’s climate record will be put on
trial. That’s a pivotal moment in the fight for justice.

In the
past, the Charter has been fundamental in securing rights to same-sex
marriage, abortion, and numerous other rights. We know that the climate
crisis will be one of the greatest threats of the 21st century, and our
clients’ case is the first time a court will determine whether
Charter-protected rights are violated by that threat.

Ontario Youth Climate Lawsuit Relies on Charter of Rights: The Energy Mix: We’ve seen several climate justice cases
in Canada rejected by the courts before they could be heard. Yours is
the first one to advance to a hearing. What makes it different?Thomson: This
case is obviously historic. It’s the first climate lawsuit based on
Charter-protected rights to reach a full hearing in any Canadian court.
In 2020, when the Ontario Superior Court dismissed the province’s
attempts to stop this case, it made a landmark ruling
that fundamental rights protected under the Charter of Rights and
Freedoms can be threatened by climate change, and citizens have the
ability to challenge a Canadian government’s contributions to the
climate crisis under the highest law of the land. So for the first time
in Canadian legal history, a government’s climate record will be put on
trial. That’s a pivotal moment in the fight for justice.In the
past, the Charter has been fundamental in securing rights to same-sex
marriage, abortion, and numerous other rights. We know that the climate
crisis will be one of the greatest threats of the 21st century, and our
clients’ case is the first time a court will determine whether
Charter-protected rights are violated by that threat.Read More