Saskatchewan Premier Scott Moe speaks during a pro-pipeline rally at IJACK Technologies Inc. near Moosomin, Sask., on Saturday February 16, 2019. Today Saskatchewan’s Court of Appeal will be the first in Canada to rule on whether a federally-imposed carbon tax is constitutional. The Saskatchewan Party government launched a legal challenge against Ottawa’s carbon price that came into effect for consumers April 1. THE CANADIAN PRESS/Michael Bell

Saskatchewan top court rules 3-2 federal carbon tax is constitutional

Justice wrote establishing minimum national standards for a price on greenhouse gas emissions falls under feds

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.

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.

READ MORE: Saskatchewan, Ottawa carbon tax case ‘monumental’ for Constitution

READ MORE: B.C. carbon tax up April 1, other provinces begin to catch up

The Canadian Press


Like us on Facebook and follow us on Twitter.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Boundary non-profits now eligible for emergency funds

Local charities can apply to get grants from the $40,000 pot, managed by the Phoenix Foundation

Drive-in theatre proposed for Grand Forks

City councillors will vote next month on whether to permit the use of the private property

A second wave of COVID-19 is probable, if history tells us anything

B.C.’s top doctor says that what health officials have learned this round will guide response in future

Snow expected to hit West Kootenay passes overnight on Thursday

Up to 15 cm of snow could fall on Highway 3 between Paulson summit to Kootenay Pass by Friday morning

Six homes ordered to evacuate early Tuesday morning in Grand Forks due to flooding

Two of the six were put on evacuation alert Monday evening

B.C. legislature coming back June 22 as COVID-19 emergency hits record

Pandemic restrictions now longer than 2017 wildfire emergency

B.C.’s essential grocery, hardware store employees should get pandemic pay: retail group

Only B.C.’s social, health and corrections workers are eligible for top-ups

Edmonton, Vancouver and Toronto vying to be NHL hubs, but there’s a catch

The NHL unveiled a return-to-play plan that would feature 24 teams

B.C. sees 9 new COVID-19 cases, one death as officials watch for new cases amid Phase Two

Number of confirmed active cases is at 244, with 37 people in hospital

Nanaimo senior clocked going 50 km/hr over limit says her SUV shouldn’t be impounded

RCMP say they can’t exercise discretion when it comes to excessive speeding tickets

Illicit-drug deaths up in B.C. and remain highest in Canada: chief coroner

More than 4,700 people have died of overdoses since B.C. declared a public health emergency in early 2016

CMHC sees declines in home prices, sales, starts that will linger to end of 2022

CMHC said average housing prices could fall anywhere from nine to 18 per cent in its forecast

B.C. Paralympian named to Canada’s Sports Hall of Fame

Three-time world and Paralympic gold medalist Sonja Gaudet is part of 11-member class

Restorative pole project underway in Edgewood

The pole was made almost 50 years ago to pay respect to local First Nations

Most Read