Ontario updates: Advisory Panel on Climate Change appointed; Auditor General pans climate policies; Ontario youth launch new lawsuit

Post updated November 6:

In a November 28 press release,  Ontario’s  Minister of the Environment, Conservation and Parks announced the appointment of an Ontario Advisory Panel on Climate Change . The press release quotes the new Chair, Paul Kovacs who states: “The knowledge exists to prevent losses from flooding, wildfire and other climate extremes…. “Members of the advisory panel on climate change look forward to working with the Government of Ontario to champion climate resilience. Working together, we can break the alarming trend of rising severe weather damage to homes, businesses and public infrastructure. Action on climate resilience is a critical element of a comprehensive strategy on climate change.”

Members of the Advisory Panel come from a variety of sectors including non-profits, agriculture, insurance, and reflect the Panel’s focus on adaptation and conservation concerns. Neither green advocacy groups nor workers are represented. The brief bios of panelists are here :  Chair Paul Kovacs is founder and Executive Director of the  Institute for Catastrophic Loss Reduction at Western University; Vice-Chair Lynette Mader is the Manager of Provincial Operations for Ontario for Ducks Unlimited Canada and an expert on species-at-risk.  The other eight Panel members include Blair Feltmate , head of the Intact Centre on Climate Adaptation at the University of Waterloo and Chair of the Government of Canada Expert Panel on Climate Adaptation and Resilience Results.

ontario auditor general 2019The Advisory Panel was announced on the one-year anniversary of the Made-in-Ontario Environment Plan.   On December 4,  that policy initiative was reviewed when the provincial Auditor General tabled her annual report in the Legislature, including  Volume 2:  Reports on the Environment . In 183 pages and three chapters, the report provides an overview of  1. environmental issues in Ontario; 2. Operation of the Environmental Bill of Rights, and 3. Climate Change: Ontario’s plan to reduce Greenhouse Gas Emissions. The report details the government’s performance and finds that it has double-counted emissions reductions in some cases, over-estimated potential impacts of its own policies,  and is nowhere near able to meet its own 2030 emissions reductions targets.   The National Observer summarizes the report in “Ontario Auditor General slams Doug Ford’s climate policies”  and an analysis at the  TVO website tells a similar story in  “Ontario’s Auditor General gives the Tories’ climate plan a failing grade”.  This latest report follows on the previous  highly-critical report of the outgoing Environmental Commissioner,  A Healthy, Happy, Prosperous Ontario: Why we need more energy conservation  (March 2019), and  the Failure to Launch   report in October 2019 by Environmental Defence.

Youth launch lawsuit against Ontario government

All of these negative findings won’t help the government as they prepare to defend themselves against a new  climate change lawsuit by Ontario youth  who claim that the  Ford government’s softening of emissions reductions targets “will lead to widespread illness and death,” and thus has violated their charter rights under Section 7 of the Canadian Charter of Rights and Freedoms.  Seven  applicants from communities across Ontario, ranging in age from 12 to 24, are represented by lawyers from Ecojustice and Stockwoods LLP .  Details are in the Ecojustice  Case Backgrounderan overview of the action appears in the National Observer in  “These Ontario kids are taking climate protest from streets to courthouse” (Nov. 26).

mathur v province of ontario

2019 Lancet Countdown emphasizes climate impacts on children’s health

lancet childrenSince 2016, the prestigious medical journal The Lancet has published an annual report,  Countdown  on Health and Climate Change  .  The 2018 Countdown report focused on  work-related health impacts of climate change, especially heat effects, as summarized in the WCR here . The 2019 edition  just released in early November focuses on the impacts of climate change on the health of children, with this key message: it is possible to limit the global average temperature rise to well below 2ºC, a situation which “would transform the health of a child born today for the better, throughout their lives. Placing health at the centre of the coming transition will yield enormous dividends for the public and the economy, with cleaner air, safer cities, and healthier diets.”

In addition to the global report, the Lancet also publishes country-specific Policy Briefing reports.  The Policy Briefing for Canada  (in French here ) is written in cooperation with the Canadian Medical Association and the Canadian Public Health Association.  The four highlighted results for Canada are:

  1.  “Exposure to wildfires is increasing in Canada, with more than half of the 448,444 Canadians evacuated due to wildfires between 1980 and 2017 displaced in the last decade; lancet wildfires
  2. The percentage of fossil fuels powering transport in Canada remains high, though electricity and biofuels are gaining ground. Fine particulate air pollution generated by transportation killed 1063 Canadians in 2015, resulting in a loss of economic welfare for Canadians valued at approximately $8 billion dollars;
  3. Canada has the third-highest per capita greenhouse gas emissions from healthcare in the world, with healthcare accounting for approximately 4% of the country’s total emissions;
  4. The health of Canadians is at risk due to multiple and varied risks of climate change…… An ongoing, coordinated, consistent and pan-Canadian effort to track, report, and create healthy change is required.”

For each of the four problems, broad policy recommendations are made.

Some of the other countries for which Policy Briefs are available: Australia ;  European Union ; the United Kingdom ; and the United States . Each one reflects the unique challenges of the country concerned.  The full menu of all Country Briefs is here.

Canadian youth sue federal government seeking stronger climate action

Larose plaintiffs 2019Just days after the federal election, on October 25, fifteen Canadians aged 10 to 19 launched a lawsuit in federal court, seeking a court-ordered plan for climate change based on the best available science.  The plaintiffs, from seven Canadian provinces and the Northwest Territories, announced their suit in Vancouver at the Fridays for Future climate strike alongside Greta Thunberg and recounted their personal experiences, including asthma, Lyme disease, mental health challenges, and injuries from wildfire smoke.

The Statement of Claim   in La Rose v. Her Majesty the Queen alleges that by failing to  protect essential public trust resources like air and water,  the Canadian government has violated the children’s right to life, liberty and security of the person under Section 7 of the Charter of Rights and Freedoms. It also alleges that the government has violated Section 15 of the Charter, since youth are disproportionately affected by the effects of climate change.   A press release from the David Suzuki Foundation includes quotes from some of the individuals involved; the case was widely reported in the following sources:  the CBC , The Energy Mix ,  the National Observer, Toronto Starand the Vancouver Star  .

This is the second climate change case brought by Canadian youth: in 2019,   ENvironnement JEUnesse brought  a class action suit on behalf of Quebecers under the age of 35, which argued that the Canadian government was violating the class members’ fundamental rights by failing to reduce greenhouse gas emissions sufficiently to ensure a safe climate. In July 2019, the Quebec Superior Court dismissed the petitioners’ motion because it rejected the nature of the class , namely, the age limit of 35 years. The case is under appeal.

 

The children in La Rose v. Her Majesty the Queen  are represented by the B.C. law firms of Arvay Finlay LLP and Tollefson Law Corporation, and supported by the Pacific Centre for Environmental Law and Litigation (CELL) , the David Suzuki Foundation, and Our Children’s Trust in the U.S., which pioneered the pending landmark youth case of Juliana vs. United States.  Our Children’s Trust compiles information on climate change lawsuits around the world including Australia, Belgium, Columbia, France, India, the Netherlands, Norway, Pakistan, the Philippines, Uganda, Ukraine, and the United Kingdom. The Sabin Center for Climate Change Law at New York’s Columbia Law School maintains a database of cases in the U.S., and a separate database from the rest of the world – approximately 1400 climate lawsuits against governments and fossil fuel corporations in more than 25 countries.

16 young people file landmark petition for climate action under the U.N. Rights of the Child

On September 23, climate activist Greta Thunberg made an emotional, unforgettable speech to the on the U.N. Climate Summit in New York City. The full Youtube video is here ;  her words are reproduced by The Guardian in an Opinion Piece titled “If world leaders choose to fail us, my generation will never forgive them”, and stating: “We are in the middle of a climate breakdown, and all they can talk about is money and fairytales of eternal economic growth.”  A summary from The Guardian is here .

petition-kids_michael-rubenstein-800New landmark climate litigation

Also on September 23, Greta Thunberg and fifteen other young people from around the world submitted a groundbreaking legal petition to the United Nations Committee on the Rights of the Child. Respondent countries Argentina, Brazil, France, Germany, and Turkey are the largest polluters amongst the 45 countries in the world which have ratified the UN Convention on the Rights of the Child and agreed to an additional protocol that allows children to petition the UN directly about treaty violations.

The young people contend that these five countries are violating their rights under the Convention by failing to curb emissions and promoting fossil fuels, despite have known about the risks of climate change for decades.  They are asking the U.N. Committee to make specific recommendations to the five nations about what they need to do to meet their treaty obligations, including changing laws to speed up the response to climate change and applying more diplomatic pressure on big polluters like the United States and China.

The complaint was prepared and filed on behalf of the youth petitioners by the international law firm Hausfeld LLP and the nonprofit environmental public interest law organization Earthjustice – whose press release is here . A dedicated website, Children vs Climate Crisis provides biographies and statements from each of the children, a copy of the 101-page Petition ,and a 338-page Appendix  with detailed statements of the impacts on the petitioners’ lives.

The Earthjustice website  is hosting a petition in support of the children’s case.

Canadian youth continue their climate strikes in frigid January weather

climate strike kitchenerChildren in Canada and around the world  continue to demand climate action from their nations’ policy leaders, following the example of the  now-famous Greta Thunberg.  In the first week of January 2019, according  Greta’s Twitter feed, climate strikes were held in “South Africa, USA, Canada, New Zealand, Czech Rep, Uganda, Nigeria, Faroe Islands, Italy and many more”.    As you would expect, social media plays a huge part in the campaigns, centred on the #Fridays for Future Facebook page  and @fridaysforfuture Twitter account.

In Canada, Twitter accounts to watch are from  @Sophia Mathur , (the 11-year old  Sudbury girl who was the first to join the international campaign – profiled here ); @Student Climate Activist , and Manitoba Energy Justice Coalition , both from Winnipeg, Manitoba; Toronto Climate Future from Toronto and the GTHA , also with a Facebook page here .  The Citizens Climate Lobby is hosting an interactive map  to track climate strikes around the world, and The Climate Pledge Collective offers free resources to  help others organize FridaysforFuture events.

climate strike ottawaTraditional media have provided fairly limited coverage of the stoic students who  protested in Canadian cities on January 11: from the  Waterloo Record, “On a bitterly cold day in Waterloo, a new type of protest begins”   (Jan. 12) and “Children and youth strike against climate change in Waterloo Region” at KitchenerToday.com (Jan. 11); “Students, climate activists protest provincial climate plan at Queen’s Park” (Jan. 13) from The Varsity, the student newspaper of University of Toronto; and “I want to know the earth will be ok” from the Winnipeg Sun (Jan. 11).  CBC Vancouver reported the previous student climate strike on December 7 ; others are listed in the Work and Climate Change Report summary from December .

And another Canadian youth group to watch:  PowerShift: Young and Rising, who are gathering in Ottawa on February 14 – 18 .  From their announcement: “We will dig deep into discussions on topics including fracking, pipeline politics, Indigenous sovereignty, divestment, and green jobs. We will learn how to make lasting change through community organizing, direct action, art, storytelling, and using traditional and digital media. … PowerShift aims to ensure that once the convergence is over, the youth climate movement continues to grow through our networks, continued capacity building, and strategic action.”