Ontario climate case returns to Superior Court after appeal ruling
Youth activists' Charter challenge over emissions targets moves forward despite government's 2025 law repeal.
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Ontario's top court has declined to reopen its ruling in a landmark climate challenge, leaving the case open to proceed at the Superior Court despite the province's controversial move to gut key sections of its 2018 climate law.
Seven young activists sued Ontario over whether its emissions targets violate the Charter of Rights and Freedoms. The Superior Court dismissed their challenge in 2023, ruling the target was "without an apparent scientific basis" but finding the activists were trying to impose a constitutional obligation to fight climate change on the province. A year later, the appeal court ordered a new hearing in the lower court, ruling Ontario had voluntarily assumed that obligation in the 2018 law.
Then the province scrapped key sections of that law requiring it to set a target and update its climate plan—a move the activists argue was an 11th-hour bid to shut down the case. The premier's office cited economic uncertainty and U.S. tariffs; an auditor general's report found Ontario was set to miss its target by an even wider margin than previously reported and hadn't released a climate plan update since 2021.
Wednesday's appeal court ruling rejects the activists' request to reopen the case but confirms it will return to Superior Court. Almost seven years after launch, the Charter challenge remains unresolved.
If the activists win at Superior Court, what specific emissions target would Ontario be required to meet?
How much longer could this case remain unresolved if the Superior Court orders another appeal?
What staff advice did the Ford government receive before repealing key sections of the 2018 climate law?
We'll update this story as answers emerge.
The facts
What did Ontario's appeal court rule on Wednesday, August 5, 2026?
Ontario's appeal court declined to reopen its ruling in the climate case but confirmed the Charter challenge will return to Superior Court for a new hearing.
Why did Ontario repeal key sections of its 2018 climate law?
The province cited economic uncertainty and U.S. tariffs as reasons for scrapping the sections requiring it to set an emissions target and update its climate plan.
What did Ontario's Superior Court rule in 2023 about the activists' challenge?
The Superior Court dismissed the seven young activists' Charter challenge, ruling the emissions target was 'without an apparent scientific basis' but finding the activists were attempting to impose a constitutional obligation on the province to fight climate change.
