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ARTICLE · 07 JUNE 2023

First Justiciable Climate Claim In Ontario – Mathur v. Ontario

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The Cap and Trade Cancellation Act (CTCA) was enacted by Ontario in 2018.

CanadaEnvironment
Jennifer Fairfax
Jennifer Fairfax
Ankita Gupta
Ankita Gupta
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On April 14, 2023, Justice Vermette released her reasons in Mathur v. His Majesty the King in Right of Ontario, 2023 ONSC 2316 (Mathur), the first Charter challenge in Ontario against a government actor for actions taken related to climate change to reach a full hearing on its merits in any Canadian court.

Background

The Cap and Trade Cancellation Act (CTCA) was enacted by Ontario in 2018. It repealed the Climate Change Mitigation and Low-carbon Economy Act, which had set out an emission reduction target of 37% below 2005 levels by 2030 in the province, and implemented a revised target of 30% emissions reduction below 2005 levels by 2030 (the Revised Target). In response, Ecojustice assisted seven youth environmental activists in filing an application against Ontario, contesting the constitutionality of the CTCA.

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