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Should children sue for Charter relief for adult irresponsibility respecting climate change?

Writer's picture: Stephen BissStephen Biss

Teachers this year will face students who have been deeply affected over the summer by personal experience, or news of, the disastrous effects of climate change. What success are children and youth having in convincing Courts that they have a good cause of action? Could children in Erin Mills South, for example, sue the Ontario Land Tribunal to quash an OLT appeal decision, or sue the Minister of Housing in Superior Court to quash any MZO respecting redevelopment of 4099 Erin Mills Parkway? Currently, the priorities and considerations of the province, the OLT, and the Ministry of Housing do not include the effects of any given Development on GHG (carbon production). The new Development at 4099 Erin Mills Parkway will produce additional tonnes of carbon. Each tonne will negatively affect children in Erin Mills South and elsewhere. The Applicant has not filed an energy audit with the City comparing the site's existing carbon production with its future carbon production. Why is that not an issue for consideration by the City, the OLT, and the Minister, under the Planning Act? Why is the GHG effect of any potential resource or development delegated decision not a concern in Montana or Ontario legislation?


Resources:



Excerpt from page 21 of 103 in Held v. Montana
Excerpt from page 21 of 103 in Held v. Montana


Court Decision in Held v. Montana (essential reading for all teachers and students). This decision needs to be researched, discussed, and applied by children in Mississauga.








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