The applicants, seven young Ontarians, brought an application challenging Ontario's greenhouse gas reduction target (the "Target") set under the Cap and Trade Cancellation Act, 2018.
They argued that the Target, which aims to reduce emissions by 30% below 2005 levels by 2030, is unconstitutional and violates their rights under sections 7 and 15 of the Charter.
The court found that the issues were justiciable, as they involved a challenge to specific state action and legislation.
However, the court dismissed the application, concluding that while climate change poses a severe threat and disproportionately impacts youth, the Target itself does not violate the Charter.
The court held that section 7 does not impose positive obligations on the state to enact more stringent environmental policies, and the Target is not arbitrary or grossly disproportionate.
Furthermore, the court found no section 15 violation, as the disproportionate impacts are caused by climate change itself, not the impugned legislation, and the Charter does not impose a positive obligation to remedy social inequalities.
