"The youth won": Reflections on the landmark Mathur v Ontario victory

October 2024

Background

In 2019, seven brave young people -- Sophia, Zoe, Shaelyn, Shelby, Alex, Madison, and Beze -- sued the Ontario government on the grounds that weak provincial climate policy violates the youths' Charter rights. The national For Our Kids network has been invested in the success of this case since the start. In fact, For Our Kids Toronto served as intervenors in the case, sharing a parent/ caregiver perspective on the government's responsibility to protect the wellbeing of our children through strong climate policy.

All seven youth plaintiffs in a photograph where they are looking at the camera. They wear matching shirts and are standing on a rocky patch with plants on it. They are huddled close together. Text says "Press release. Court sides with youth in historic climate case against ontario. Oct 17 2024. Seven climate change activists are leading the first lawsuit of its kind in Canada."

Over the last five years, the Ford government has tried hard to get the case thrown out. But despite these efforts, last week, the Ontario Court of Appeals sided on behalf of the youth, confirming that Ontario must conduct its climate response in accordance with high standards of the Charter.

This is a huge victory with tremendous implications for climate litigation across Canada and around the world.

Simply put, these youth are heroes. They have dedicated 5 years of their young lives to demanding action and accountability from some of the most powerful institutions in Canada. And they’re winning.

But they’re not alone in this fight. With legal representation from Ecojustice and Stockwoods - plus intervenor support from organizations like Indigenous Climate Action, Canadian Physicians for the Environment, and For Our Kids - it is clear that there’s an entire movement standing behind these young people.

Since the decision, the youth have been generously sharing their insights with media outlets across the country (see the Media section below for links). But what has this experience meant for the adults who have been doing work behind the scenes? We asked some folks for reflections and here is what they said.

Reactions

Vanessa Brown | Member, For Our Kids Toronto

Headshot of Vanessa Brown with quote text that says: I attended the appeal hearing in January of this year and it was a really moving experience. Between meeting the youth plaintiffs, to sitting beside them in the courtroom, to the impassioned arguments made by the multitude of lawyers supporting their case-- I really felt like I was witnessing a very powerful moment.  With the news that they won their appeal, I felt a sense of vindication. Being able to hold the Ontario government accountable for not acting proportionally to the myriad threats our children could face is an incredible achievement.

Alison Bruni | Member, For Our Kids Toronto

Headshot of Alison Bruni with text that says This decision gives me hope. Hope that all the work we’re doing to ensure the best possible future for our children is paying off. This work can be tiring and it comes with many setbacks, so every win feels like a huge step in the right direction.  I was honoured to bear witness to these brave youth and their tireless lawyers in the courtroom, as they argued for their right to a safe and health future. It was incredibly inspiring! This decision has re-invigorated my own drive to continue working on climate initiatives.

Meaghan Daniel | Barrister and Solicitor; FOK Toronto’s lawyer

Headshot of Meaghan Daniel with text that says For Our Kids intervened at the trial level, and at the Court of Appeal, always to make one argument: that the Court has to act as parents do, in the best interests of our children. This is an international legal principle developed to protect all kids. It is widely applicable, but critical in this context, as the Court interprets the guarantees of the Charter as protections against the existential threat of climate change.  When the application is heard, and in all future cases pertaining to climate action, it is our hope that the Court takes up this argument, and applies the Best Interests of the Child principle in its analysis.

Wyanne Sandler | National network director, For Our Kids

Headshot of Wyanne Sandler with text that says This is a huge win for these young people who are holding the government of Ontario to account for their failure to protect them from the harms of climate change. I feel so much appreciation for their courage and determination, and I know that we're all in to stand with them as they take this struggle back to court.  As parents, we're always going to show up to protect our kids.

Resources

Ecojustice has an incredible collection of resources related to the case and its developments.

Media articles

FOK blog posts

These posts (in chronological order) track the supportive and creative ways the For Our Kids network has shown up on behalf of the youth plaintiffs.

Stay updated

Be sure to follow For Our Kids on social media and subscribe to our newsletters to stay informed as the case develops.

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