CPHA lauds appeal court decision affirming federal carbon tax is constitutional

REGINA – Saskatchewan’s Court of Appeal has ruled in a split decision that a federally imposed carbon tax is constitutional.

The Saskatchewan Party government had asked the court for its opinion on the levy that came into effect April 1 in provinces without a carbon price of their own.

In a 155-page decision on the reference case, Chief Justice Robert Richards writes that establishing minimum national standards for a price on greenhouse gas emissions falls under federal jurisdiction.

He writes Ottawa has the power to impose its carbon tax under a section of the Constitution that states Parliament can pass laws in the name of peace, order and good government.

Two of the five Appeal Court justices differed in their opinion and ruled the federal government’s actions are not a valid use of that section of the Constitution.

The Canadian Public Health Association, a non-governmental organization that advises on public health policy, is lauding the Saskatchewan Court of Appeals decision.

“It’s important that national standards for greenhouse gas pollution pricing can be set by the federal government because greenhouse gas emissions don’t respect provincial boundaries,” Ian Culbert, executive director for CPHA, said.

He believes that the Supreme Court will continue to find the Federal Carbon Tax constitutional.

“It reaffirms our belief that the federal government has both the right and responsibility to protect the health of Canadians through carbon pricing.”

Saskatchewan had argued before the court that Ottawa was overstepping its jurisdiction, but federal lawyers said greenhouse gas emissions are a national concern.

Saskatchewan Premier Scott Moe says he is disappointed with the decision.

Alberta Premier Jason Kenney issued a statement following the decision. that reads:

“We are reviewing the decision, but our initial reaction is that this narrow, split decision is far from the broad victory the federal government sought and we are glad all five justices rejected the federal government’s claim for a sweeping power to regulate GHG emissions in the provinces.

“The decision’s application to Alberta remains to be seen because, frankly, the previous NDP government under Ms. Notley was missing in action, failing to participate in the Saskatchewan Court of Appeal. As a result, Alberta did not contribute to the record before the court.

“We disagree with the narrow ruling by the majority that the federal government has the power to ensure a provincial minimum price on carbon, and will be joining Saskatchewan in their appeal to the Supreme Court of Canada.

“That said, the new government of Alberta takes our environmental responsibilities very seriously and during the election, we put forward a serious plan for reducing GHG emissions.

“We believe that our strong plan makes a federal carbon tax redundant and that a consumer-punishing retail carbon tax – whether imposed by the NDP or by Justin Trudeau ­– is the wrong way to go. It’s all economic pain and no environmental gain.”

With files from Megan McPhaden.