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.

Just Posted

More rescues, less flames: Future of Abbotsford firefighting up for discussion

Mayor says talks with province needed, councillors suggest city may need more full-time firefighters

String of purse snatches at Mill Lake in Abbotsford

Two women were mugged in a three week period starting Sept. 30

Harrison outdoor skating rink to open this weekend

Public skating will be open 10 a.m. to 9 p.m. daily

Mission principal saves goat, praised as hero by kindergarten students

“Today I get to be the hero in their eyes, changing the world one stuck goat at a time”

Abbotsford man’s murder trial set for January

David Albert Miller charged in death of 52-year-old woman in Kamloops

VIDEO: ‘Climate emergency’ is Oxford’s 2019 Word of the Year

Other words on the shortlist included ‘extinction,’ ‘climate denial’ and ‘eco-anxiety’

Canucks erupt with 5 power-play goals in win over Nashville

Vancouver ends three-game slide with 6-3 triumph over Predators

B.C. widow suing health authority after ‘untreatable’ superbug killed her husband

New Public Agency Health report puts Canadian death toll at 5,400 in 2018

65-million-year-old triceratops makes its debut in Victoria

Dino Lab Inc. is excavating the fossilized remains of a 65-million-year-old dinosaur

Changes to B.C. building code address secondary suites, energy efficiency

Housing Minister Selina Robinson says the changes will help create more affordable housing

Trudeau appears open to safer-opioid proposal in Vancouver: mayor

The city has applied for $6 million from Health Canada to allow for the safe distribution of diamorphine

Security guard at Kamloops music festival gets three years for sexually assaulting concertgoer

Shawn Christopher Gray walked the woman home after she became seperated from her friends, court heard

Most Read