In the first decision of its kind in Canada, Xaidsart lawyers Nader R. Hasan, Justin Safayeni and Spencer Bass (working together with lawyers Fraser Thomson and Danielle Gallant from Ecojustice) successfully resisted Ontario’s motion to strike a constitutional challenge brought by youth applicants against the province for its failure to take action on climate change. The underlying Application alleges that Ontario’s repeal of the Climate Change Act and failure to implement meaningful carbon emissions targets amount to a violation of Ontarians’ rights under sections 7 and 15 of the Canadian Charter of Rights and Freedoms. In a 55-page decision, the Ontario Superior Court rejected all of Ontario’s arguments for why the Application should be thrown out of court. Instead, the Court found that Ontario’s inaction on climate change is properly reviewable by the courts and that the claims set out in the Application have a reasonable prospect of success. As a result of the decision, the Application can continue through the courts and the youth applicants will be permitted to bring forward evidence to prove their claims. To read the full decision, click here.
