Canada’s carbon tax conundrum continues its appearance at Supreme Court

The federal carbon tax has its first day in Canada’s highest court. While Ottawa sees it as a national emergency, some provinces say it’s their jurisdiction.

OTTAWA — Indigenous leaders, special interest groups and other provinces will have their say Wednesday, in trying to convince the Supreme Court whether or not the national price on pollution is constitutional.

The second day of hearings in three appeals over the federal carbon tax will go forward in Ottawa starting this morning.

Appeals courts in Saskatchewan and Ontario ruled in 2019 that the federal carbon tax legislation was constitutional, but in February of this year, the Alberta Court of Appeal said it was not.

Those provinces argued the law leaks into provincial jurisdiction during the first day of hearings Tuesday, while the federal government and British Columbia both defended the law as being in the national interest.

The carbon tax is a central pillar of the Liberal’s climate change agenda, accounting for as much as 40 per cent of the emissions cuts it has planned for to reach its goals under the Paris climate change agreement.

Ontario and Saskatchewan’s appeals were to be heard in March but were delayed by COVID-19, which allowed enough time for the Alberta case to be added to the mix.

This report by The Canadian Press was first published Sept. 23, 2020.

The Canadian Press

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