Saskatchewan’s Court of Appeal ruled in a divided judgment that the carbon tax imposed by a union is constitutional. Saskatchewan Party government sought opinions from the court. They sought opinion on levy applied to the provinces from April 1 without their own carbon price.
In a 155-page judgement on the reference case, Chief Justice Robert Richards wrote something. He writes establishing minimum national standards for a price on greenhouse gas emissions comes into the federal jurisdiction.
He writes that Ottawa has the power to impose its carbon tax under a section of the constitution. It states parliament can pass laws in the name of peace, order and good government.
Two of the Five Appeal Courts were different in their views. Also, it ruled that actions of the federal government did not make valid use of that part of the Constitution.
Saskatchewan Premier Scott Mo said carbon tax causes economic damage to his province, said that there will be an appeal.
He also tweeted his concern on his Twitter handle.
Though I am disappointed with today’s ruling, our fight will continue on behalf of Saskatchewan people – who oppose the ineffective, job-killing Trudeau carbon tax. It was a 3-2 split decision and we look to appeal to the Supreme Court of Canada. pic.twitter.com/dbkcNi1Mc9
— Scott Moe (@PremierScottMoe) May 3, 2019
During a two-day hearing in February, Saskatchewan argued the question. The question was not one of climate change, but the division of power.
As argued, a carbon tax is unconstitutional. It does not apply equally throughout the country and ends in the provincial jurisdiction.
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Lawyers of the federal government suggested that Ottawa has the power to price pollution because greenhouse gas emissions are a national concern.
Satchechwan Law Professor University, Dwight Newman said, “This is the first word, it is not necessarily the last word.”
He said that this decision will work as a motivational authority. It will be examined by other provinces fighting its legal battle against federal tax.
Manitoba, New Brunswick and Ontario all became subject to a carbon price last month.
Manitoba recently filed documents in federal court for its challenge. Last month, Ontario was in court to debate on its case and is looking forward to the outcome.
Newman suggested, “If they (Saskatchewan Appeal Court justices) write a persuasive judgment it could impact on how other courts decide the matter.” “Of course, both sides could learn from the arguments made in this one — and how they fared — and even make adjustments in the other cases.”
Newman noted that given the complexity of the case, Saskatchewan’s appeal court reached the “surprisingly quick” judgment.
New Alberta chief Jason Kenney promised to scrap the carbon tax. He will also fight in court if Ottawa tries to impose national taxes on its province.
Sixteen groups – including British Columbia’s Attorney Generals, Ontario and New Brunswick – have intervened in court on both sides of the debate.
The carbon price of the federal government starts at a minimum of $ 20 a ton and up to $ 10 each year until 2022.
So, this was everything about the constitutional status of the carbon tax.
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