The Heat Is On: The Justiciability Of Climate Claims

A recent Ontario decision held that, among other things, climate-related challenges are justiciable, opening up (at least) the possibility of increased climate change litigation in Canada.

In Mathur v. His Majesty the King in Right of Ontario,¹ a group of seven young climate change activists commenced a constitutional challenge against the Ontario government in response to legislation that substantially weakened targets for the reduction of greenhouse gas ("GHG") emissions in the province. The applicant-activists argued that Ontario's adoption of weaker GHG reduction targets would lead to climate catastrophe, violating the rights of Ontario youth and future generations under Sections 7 (life, liberty and security of the person) and 15 (equality) of the Canadian Charter of Rights and Freedoms. In response, Ontario filed a motion to dismiss the activists' challenge, arguing that the subject matter of the litigation was a policy decision that was not reviewable by