Alberta launches court challenge of federal carbon tax

Province wants a legal opinion on the constitutionality of Ottawa imposing the tax

(A flare stack lights the sky from the Imperial Oil refinery in Edmonton. (THE CANADIAN PRESS/Jason Franson)

(A flare stack lights the sky from the Imperial Oil refinery in Edmonton. (THE CANADIAN PRESS/Jason Franson)

Alberta’s justice minister says the province is asking for a legal opinion on the constitutionality of the federal government imposing its carbon tax.

At a news conference Thursday, Doug Schweitzer said the province has filed a reference case with the Alberta Court of Appeal.

“The federal government has recently announced that it will impose a carbon tax on Albertans starting January 1, 2020,” he said in Edmonton. “Our government contends this constitutes federal overreach into our exclusive provincial jurisdiction to manage our own affairs in a way that is suitable to local conditions.”

Schweitzer, who pegged court costs at about $300,000, said the province will use every legal tool at its disposal to fight Ottawa’s carbon price and will ”continue to support other province’s challenges against this federal tax grab.”

The federal tax has already been imposed on provinces that have not implemented their own carbon levies: Ontario, New Brunswick, Saskatchewan and Manitoba. All but New Brunswick have gone to court over it.

The Saskatchewan Court of Appeal ruled in May that a federally imposed carbon tax is constitutional. It also said that establishing minimum national standards for a price on greenhouse gas emissions falls under federal jurisdiction.

Alberta NDP energy critic Irfan Sabir noted that court ruling.

“It’s insane that we would bring forward a similar challenge and expect something different in results,” he said. “It’s the same federal government, the same Constitution and it has been recognized … on exactly the same question.”

Sabir said it’s a waste of taxpayer dollars.

Schweitzer said Alberta disagrees with the recent court decision and wants to put its own legal case forward as Saskatchewan looks to appeal to the Supreme Court of Canada.

“We’ll be providing our government’s full arguments and will present the court with a full evidentiary record that defends our right to make policy best suited to the needs of our province.”

Alberta passed legislation earlier this month that repealed its provincial carbon tax and fulfilled a promise United Conservative Premier Jason Kenney made before the April election.

A spokeswoman for Federal Environment Minister Catherine McKenna said Kenney is following in the footsteps of other Conservative leaders.

“Instead of wasting taxpayer dollars in court fighting climate action, we would have hoped to see the premier join with us to fight climate change,” said an emailed statement from press secretary Sabrina Kim.

“Jason Kenney knows full well that he’s trading a made-in-Alberta approach to pricing pollution for the federal backstop. That’s the choice he made when he decided to tear up Alberta’s climate plan.”

The federal levy is $20 a tonne and is set to rise to $50 a tonne by 2022.

Several studies have shown that British Columbia’s carbon tax has decreased that province’s emissions by 15 per cent and reduced its per-capita gasoline and natural gas use.

— With files from Dean Bennett

Colette Derworiz, The Canadian Press

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

Just Posted

A car rally is set to meet at Abbotsford’s Rotary Stadium on Saturday to protest the issues related to farmers in India. (Instagram photo)
Pair of farmers’ protests occurring in Abbotsford this weekend

Car and truck rally set for Saturday, tractor rally event scheduled for Sunday

Abbotsford’s Tradex has been transformed into a volleyball and basketball facility with Open Court. (Instagram photo)
Abbotsford’s Tradex transforms into sports facility

Open Court program hosting volleyball and basketball teams for practices and possibly games

Abbotsford’s Skully White (left), who donated his kidney in December, has started a campaign to find other recipients and donors. The first candidate is retired police officer Gavin Quon. White owns and operates a hotdog stand, Lullys Food Experience, out of the Abbotsford Canadian Tire parking lot. (Facebook photo)
Abbotsford hotdog-stand owner starts campaign to find kidney donors and recipients

Skully White donated his kidney to customer Tim Hiscock in December

COVID-19. (Image courtesy CDC)
18 school exposures in Abbotsford since Jan. 6

21 exposures since the the holiday break

Dallas Lajimodiere is wanted by the Abbotsford Police Department.
Man wanted by Abbotsford Police domestic violence unit

Dallas Lajimodiere has three arrest warrants, including for assault with a weapon

Businesses continue to struggle under COVID-19 restrictions as the pandemic reaches the one-year mark. (B.C. government)
Another 564 COVID-19 cases, mass vaccine plan coming Friday

15 more deaths, community cluster declared in Williams Lake

A specialized RCMP team is investigating a suspicious trailer, which might have connections to the illicit drug trade, found abandoned outside a Cache Creek motel. (Photo credit: <em>Journal</em> files)
Police probe U-Haul trailer linked to illicit drugs left outside Cache Creek motel

Hazardous materials found inside believed to be consistent with the production of illicit drugs

Premier John Horgan leaves the podium following his first press conference of the year as he comments on various questions from the media in the Press Gallery at B.C. Legislature in Victoria, B.C., on Monday, January 13, 2020. THE CANADIAN PRESS/Chad Hipolito
Interprovincial travel restrictions a no-go, Horgan says after reviewing legal options

The B.C. NDP government sought legal advice as concerns of travel continue

Gem Lake Top, at Big White Ski Resort, seen at Jan. 8. (Big White Ski Resort)
Big White cancels $7.3M in lift tickets, accommodations due to COVID-19 orders

Since November, the ski resort has been forced to make several changes

Darlene Curylo scratched a $3M ticket, BCLC’s largest ever scratch and win prize. (BCLC)
Kelowna woman in shock after winning BCLC’s largest-ever instant-ticket prize

Darlene Curylo couldn’t believe her eyes when she saw the amount of money she’d won from a scratch ticket

While each person has different reasons for becoming homeless, a UBCO study shows they learn through their interactions with different services to perform ‘as homeless’ based on the expectations of service providers. (Contributed)
Kelowna homeless forced to ‘perform’ for resources, says UBCO study

One participant in the study said ‘It is about looking homeless, but not too homeless’

Gov. Gen. Julie Payette takes the royal salute from the Guard of Honour as she makes her way deliver the the throne speech, Wednesday, September 23, 2020 in Ottawa. THE CANADIAN PRESS/Fred Chartrand
Gov. Gen. Julie Payette resigns, apologizes for ‘tensions’ at Rideau Hall

Payette, who is the Queen’s representative in Canada, has been the governor general since 2017

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

Grounded WestJet Boeing 737 Max aircraft are shown at the airline’s facilities in Calgary, Alta., Tuesday, May 7, 2019. WestJet will operate the first commercial Boeing 737 Max flight in Canada today since the aircraft was grounded in 2019 following two deadly crashes. THE CANADIAN PRESS/Jeff McIntosh
Passengers unfazed as WestJet returns Boeing 737 Max to service on Vancouver flight

After a lengthy review process, Transport Canada cleared the plane to return to Canadian airspace

Most Read