From Montana to Ontario, youth take to the courts as a last resort to combat climate change

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Mathur v. Ontario marked the first climate-litigation case accepted by a Canadian court, a turning point in the movement to use the courts to fight climate change

took particular issue with the province’s repeal of the Climate Change Mitigation and Low-carbon Economy Act, legislation that sought to reduce greenhouse gas emissions.

and droughts ravage East Africa, activists and legal experts are left wondering if the courts are capable of tackling the problem. Canada’s justice system is slow and cumbersome. Climate change, on the other hand, is increasingly rapid, its ravages widespread.

“Ontario’s actions threaten youth and future generations right under the Canadian Charter because they will cause dangerous climate impacts in the province,” Ms. Gallant said. The court also found that Ontario’s emissions-reduction target fell short of the scientific consensus on what is needed to tackle climate change. The judge also agreed that young people are disproportionately affected by the harms of climate change.one of a growing number of climate-litigation cases around the world. According to the July UN report, 2,180 such cases were launched in 2022, up from 884 in 2017.

. Judge vacancies and the pandemic backlog are often to blame. However, the climate litigation delays are partly owing to the fact the cases often include complex scientific analysis. For example, the Montana decision included more than 100 pages of research, evidence and expert analysis. The cases are also novel.

 

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