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Youth-led climate change lawsuit dismissed by Federal Court – CBC.ca

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A Federal Court judge ruled Tuesday that the Canadian government won’t be going on trial for contributions to climate change — striking down a lawsuit brought by 15 young Canadians who argued the government was violating their charter rights.

Federal Court Justice Michael Manson rejected a lawsuit initiated by the youths aged 10 to 19 years old. Their case called on the court to compel Ottawa to develop a science-based climate recovery plan.

But Manson ruled the claims don’t have a reasonable cause of action or prospect of success, so the case cannot proceed to trial.

The lawsuit filed in 2019 says Canada’s failure to protect against climate change is a violation of the youths’ charter rights.

On Tuesday, Manson ruled the network of  government actions that contribute to climate change is too broad for the court to grapple with, and the court has no role in reviewing the country’s overall approach to climate change.

First and hardest hit

Plaintiff Haana Edenshaw, 17, of the Haida Nation, says despite her disappointment, she is refusing to get discouraged and plans to keep pushing to have the case heard, after seeing the effects of climate change in her village of Masset on Haida Gwaii off B.C.’s North Coast.

She said poverty rates and the location of communities leave Indigenous people at higher risk to the negative effects of climate change.

“Indigenous youth in Canada are often the first hit and the hardest hit,” she said.

Another plaintiff named Sophia said that it is “a big wake-up call for all Canadian and Indigenous youth. Canada has tried to silence our voice in court and block our calls for climate justice. We won’t be dissuaded.”

Haana Edenshaw, 17, from Haida Gwaii, B.C., says she is experiencing the effects of climate change on her doorstep in the village of Masset on Haida Gwaii. (Kwiadda McEvoy)

In September, government lawyers argued the lawsuit should be thrown out, as it was far too broad to be heard in court. In Tuesday’s ruling, Manson agreed the terms were too broad. Joe Arvay, the lead lawyer on the case, says it’s a disappointment, but he plans to push forward and appeal the case to the Supreme Court of Canada.

The case, La Rose et al. v. Her Majesty the Queen, was initially filed on Oct. 25, 2019.

The lawsuit argued that the plaintiffs — 15 children and teens from across Canada — had their rights to life, liberty and security and equality violated by a government that had failed to do enough to protect against climate change.

In the government’s defence submission, federal lawyer Joseph Cheng said the drivers of climate changes are a global problem, and Canada can’t act alone to solve the issue. He also argued that the case fell beyond what courts can meaningfully adjudicate.

The statement of claim was filed the day teen climate activist Greta Thunberg visited Vancouver and led a climate strike rally attended by thousands. It says that “despite knowing for decades” that carbon emissions “cause climate change and disproportionately harm children,” the government continued to allow emissions to increase at a level “incompatible with a stable climate capable of sustaining human life and liberties.”

But there’s no explicit environmental right in the Canadian Charter of Rights and Freedoms. And, in his decision, the justice disagreed that right is implicit, as argued in the case.

Nine of the 15 activists suing the Canadian government over its alleged inaction on climate change stand on the steps of the Vancouver Art Gallery on Oct. 25, 2019, after filing their lawsuit in federal court. (Ben Nelms/CBC)

“Of course it’s disappointing, but the journey is far from over,” said Brendan Glauser of the Suzuki Foundation. Glauser said the ruling acknowledged the negative impact of climate change as something that’s significant and pointed out the justice also said the “public trust” doctrine is a legal question that the court can resolve — which, he said, offers legal ground with which the group can attempt to move forward.

“We are proud of our plaintiffs. These brave young plaintiffs know we only have a decade to turn things around, and so far, we are not on track,” said Glauser.

For more on this story, tap here to listen to the Sept. 27 episode of What on Earth with Laura Lynch.

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Bad traffic, changed plans: Toronto braces for uncertainty of its Taylor Swift Era

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TORONTO – Will Taylor Swift bring chaos or do we all need to calm down?

It’s a question many Torontonians are asking this week as the city braces for the arrival of Swifties, the massive fan base of one of the world’s biggest pop stars.

Hundreds of thousands are expected to descend on the downtown core for the singer’s six concerts which kick off Thursday at the Rogers Centre and run until Nov. 23.

And while their arrival will be a boon to tourism dollars — the city estimates more than $282 million in economic impact — some worry it could worsen Toronto’s gridlock by clogging streets that already come to a standstill during rush hour.

Swift’s shows are set to collide with sports events at the nearby Scotiabank Arena, including a Raptors game on Friday and a Leafs game on Saturday.

Some residents and local businesses have already adjusted their plans to avoid the area and its planned road closures.

Aahil Dayani says he and some friends intended to throw a birthday bash for one of their pals until they realized it would overlap with the concerts.

“Something as simple as getting together and having dinner is now thrown out the window,” he said.

Dayani says the group rescheduled the gathering for after Swift leaves town. In the meantime, he plans to hunker down at his Toronto residence.

“Her coming into town has kind of changed up my social life,” he added.

“We’re pretty much just not doing anything.”

Max Sinclair, chief executive and founder of A.I. technology firm Ecomtent, suggested his employees avoid the company’s downtown offices on concert days, saying he doesn’t see the point in forcing people to endure potential traffic jams.

“It’s going to be less productive for us, and it’s going to be just a pain for everyone, so it’s easier to avoid it,” Sinclair said.

“We’re a hybrid company, so we can be flexible. It just makes sense.”

Swift’s concerts are the latest pop culture moment to draw attention to Toronto’s notoriously disastrous daily commute.

In June, One Direction singer Niall Horan uploaded a social media video of himself walking through traffic to reach the venue for his concert.

“Traffic’s too bad in Toronto, so we’re walking to the venue,” he wrote in the post.

Toronto Transit Commission spokesperson Stuart Green says the public agency has been working for more than a year on plans to ease the pressure of so many Swifties in one confined area.

“We are preparing for something that would be akin to maybe the Beatles coming in the ‘60s,” he said.

Dozens of buses and streetcars have been added to transit routes around the stadium, and the TTC has consulted the city on potential emergency scenarios.

Green will be part of a command centre operated by the City of Toronto and staffed by Toronto police leaders, emergency services and others who have handled massive gatherings including the Raptors’ NBA championship parade in 2019.

“There may be some who will say we’re over-preparing, and that’s fair,” Green said.

“But we know based on what’s happened in other places, better to be over-prepared than under-prepared.”

Metrolinx, the agency for Ontario’s GO Transit system, has also added extra trips and extended hours in some regions to accommodate fans looking to travel home.

A day before Swift’s first performance, the city began clearing out tents belonging to homeless people near the venue. The city said two people were offered space in a shelter.

“As the area around Rogers Centre is expected to receive a high volume of foot traffic in the coming days, this area has been prioritized for outreach work to ensure the safety of individuals in encampments, other residents, businesses and visitors — as is standard for large-scale events,” city spokesperson Russell Baker said in a statement.

Homeless advocate Diana Chan McNally questioned whether money and optics were behind the measure.

“People (in the area) are already in close proximity to concerts, sports games, and other events that generate massive amounts of traffic — that’s nothing new,” she said in a statement.

“If people were offered and willingly accepted a shelter space, free of coercion, I support that fully — that’s how it should happen.”

This report by The Canadian Press was first published Nov. 13, 2024.



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‘It’s literally incredible’: Swifties line up for merch ahead of Toronto concerts

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TORONTO – Hundreds of Taylor Swift fans lined up outside the gates of Toronto’s Rogers Centre Wednesday, with hopes of snagging some of the pop star’s merchandise on the eve of the first of her six sold-out shows in the city.

Swift is slated to perform at the venue from Thursday to Saturday, and the following week from Nov. 21 to Nov. 23, with concert merchandise available for sale on some non-show days.

Swifties were all smiles as they left the merch shop, their arms full of sweaters and posters bearing pictures of the star and her Eras Tour logo.

Among them was Zoe Haronitis, 22, who said she waited in line for about two hours to get $300 worth of merchandise, including some apparel for her friends.

Haronitis endured the autumn cold and the hefty price tag even though she hasn’t secured a concert ticket. She said she’s hunting down a resale ticket and plans to spend up to $600.

“I haven’t really budgeted anything,” Haronitis said. “I don’t care how much money I spent. That was kind of my mindset.”

The megastar’s merchandise costs up to $115 for a sweater, and $30 for tote bags and other accessories.

Rachel Renwick, 28, also waited a couple of hours in line for merchandise, but only spent about $70 after learning that a coveted blue sweater and a crewneck had been snatched up by other eager fans before she got to the shop. She had been prepared to spend much more, she said.

“The two prized items sold out. I think a lot more damage would have been done,” Renwick said, adding she’s still determined to buy a sweater at a later date.

Renwick estimated she’s spent about $500 in total on “all-things Eras Tour,” including her concert outfit and merchandise.

The long queue for Swift merch is just a snapshot of what the city will see in the coming days. It’s estimated that up to 500,000 visitors from outside Toronto will be in town during the concert period.

Tens of thousands more are also expected to attend Taylgate’24, an unofficial Swiftie fan event scheduled to be held at the nearby Metro Toronto Convention Centre.

Meanwhile, Destination Toronto has said it anticipates the economic impact of the Eras Tour could grow to $282 million as the money continues to circulate.

But for fans like Haronitis, the experience in Toronto comes down to the Swiftie community. Knowing that Swift is going to be in the city for six shows and seeing hundreds gather just for merchandise is “awesome,” she said.

Even though Haronitis hasn’t officially bought her ticket yet, she said she’s excited to see the megastar.

“It’s literally incredible.”

This report by The Canadian Press was first published Nov. 13, 2024.

The Canadian Press. All rights reserved.



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Via Rail seeks judicial review on CN’s speed restrictions

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OTTAWA – Via Rail is asking for a judicial review on the reasons why Canadian National Railway Co. has imposed speed restrictions on its new passenger trains.

The Crown corporation says it is seeking the review from the Federal Court after many attempts at dialogue with the company did not yield valid reasoning for the change.

It says the restrictions imposed last month are causing daily delays on Via Rail’s Québec City-Windsor corridor, affecting thousands of passengers and damaging Via Rail’s reputation with travellers.

CN says in a statement that it imposed the restrictions at rail crossings given the industry’s experience and known risks associated with similar trains.

The company says Via has asked the courts to weigh in even though Via has agreed to buy the equipment needed to permanently fix the issues.

Via said in October that no incidents at level crossings have been reported in the two years since it put 16 Siemens Venture trains into operation.

This report by The Canadian Press was first published Nov. 13, 2024.

Companies in this story: (TSX:CN)

The Canadian Press. All rights reserved.



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