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Home » Ottawa » Ottawa woman celebrates court victory for youth in climate case
Ottawa

Ottawa woman celebrates court victory for youth in climate case

November 9, 20246 Mins Read
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Ottawa's Alexandra Neufeldt
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Alexandra Neufeldt is considered one of seven plaintiffs in a lawsuit alleging Ontario’s greenhouse gasoline emissions coverage violates constitutional rights.

Printed Oct 20, 2024  •  Final up to date Oct 22, 2024  •  3 minute learn

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Ottawa’s Alexandra Neufeldt, 28, a contract dressmaker, is considered one of seven younger plaintiffs in a lawsuit towards the provincial authorities, alleging its greenhouse gasoline emissions coverage violates the constitutional rights of Ontario’s youth. Picture by Supplied

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Ottawa’s Alexandra Neufeldt was 23 years outdated when she determined to affix an uncommon bid to win provincial motion on local weather change.

Neufeldt put herself ahead 5 years in the past as considered one of seven younger plaintiffs in a lawsuit towards the provincial authorities, alleging its greenhouse gasoline emissions coverage violated the constitutional rights of Ontario’s youth.

They mentioned the federal government’s choice to claw again emissions targets in 2018 violated the Constitution’s assure of their rights to equality, life and safety of the particular person.

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“We don’t have any environmental rights explicitly laid out in the Charter, but we think our Charter rights should guarantee us a right to a healthy and stable climate,” mentioned Neufeldt, now 28 and a contract dressmaker. “And the court system has the potential to make that happen.”

In mid-October, in what environmental activists hail as a landmark ruling, Ontario’s highest courtroom mentioned the lawsuit introduced by the seven younger plaintiffs may proceed.

The Court docket of Attraction for Ontario overturned a decrease courtroom ruling, which dismissed the lawsuit as a “positive rights case” — a case that establishes a novel authorized proper — and mentioned a brand new listening to should decide whether or not the federal government’s actions on greenhouse gasoline emissions adjust to the Constitution of Rights and Freedoms.

A 3-justice panel mentioned there are “relevant, important issues” that have to be examined. The enchantment courtroom mentioned it can not rule on these points, and ordered a brand new listening to to totally discover them.

“I was very pleased to hear that,” Neufeldt mentioned in an interview. “I think our case deserves to be heard on its merits, and I think it represents a positive evolution of the law.”

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The lawsuit was triggered by the Progressive Conservative authorities’s choice in 2018 to chop again greenhouse gasoline emissions targets in Ontario. Premier Doug Ford’s authorities diminished the province’s emission targets from 37 to 30 per cent beneath 2005 ranges by 2030.

Lawyer Fraser Thomson of Ecojustice, an environmental legislation charity that varieties a part of the authorized crew within the case, known as the enchantment courtroom choice a landmark ruling within the struggle towards local weather change.

“This decision makes it clear that government action on climate change is subject to Charter scrutiny,” he mentioned. “It’s the first time Ontario’s highest court has ruled that how governments respond to the climate crisis must comply with the high standards of the Charter.”

In its ruling, the enchantment courtroom panel mentioned the decrease courtroom decide accurately concluded that “it is indisputable that, as a result of climate change, the appellants and Ontarians in general are experiencing an increased risk of death and an increased risk to the security of the person.”

The province didn’t contest the existence of local weather change, its dangers to human well being or the necessity for all international locations to take motion to mitigate its opposed results.

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In courtroom, the Ontario authorities argued that its actions may have little or no impact on local weather change given the scope of the issue, and that the environmental impacts described by the younger plaintiffs usually are not the results of the province’s greenhouse gasoline insurance policies.

The case is now anticipated to return to the Ontario Superior Court docket of Justice for a brand new listening to the place Ontario’s local weather report might be scrutinized.

“Ontario will have to answer to its record as a climate laggard,” charged Thompson.

Neufeldt mentioned the case is essential as a result of the doubtless catastrophic affect of local weather change might be borne by those that are younger immediately or as but unborn.

“When the worst impacts of climate change happen — if we don’t get a handle on it — it’s the people who are young now who will be paying the price,” she mentioned. “We’re thinking into the future. We’re thinking, ‘What is my life going to be like?’”

The lawsuit contends that the affect of local weather change offends the Constitution’s equality provision as a result of it’s going to have a disproportionate affect on youth, significantly Indigenous youth, given the toll that wildfires and drought tackle conventional searching and fishing grounds.

The authorized case, generally known as Mathur et al., represents the primary Constitution-based local weather case to succeed in a full listening to in Canada, and is a part of a rising variety of local weather litigation instances all over the world.

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