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

Pixabay photo
‘Horrific’ abuse of volunteers and COVID-19 contact tracers must stop, Chilliwack soccer club says

Parents have become abusive after being told COVID-19 rules, email says

Gurkirat Toor has been charged after allegedly pointing a gun at another driver on Oct. 23 in Abbotsford.
Man charged after gun pointed at another driver in Abbotsford

Gurkirat Toor, 21, previously charged with purple-fentanyl bust

The Abbotsford Teachers’ Union stated that local teachers worked without heat on Friday as secondary principals’ and vice-principals’ were at a work-related retreat in Whistler. (Google)
Abbotsford Teachers’ Union says teachers left in the cold on Friday

Abbotsford School District disagrees, saying all buildings were set to 21C on Pro-D Day

The Fraser Valley Health Care Foundation held its inaugural Grand Gala in November 2019 at Harrison Hot Springs Resort. This year’s event will be held online. (Submitted photo)
Fraser Valley Health Care Foundation holds virtual Grand Gala

Second annual event takes place online on Nov. 20, raising funds for local hospitals

Abbotsford author Katrina Wiggins has been shortlisted for the Page Turner Award eBook Award for her young adult novel, Blind the Eyes.
Abbotsford author shortlisted for literary award for young adult novel

Katrina Wiggins’ book Blind the Eyes is about climate crisis and monsters

Provincial health officer Dr. Bonnie Henry arrives for briefing on the COVID-19 situation, B.C. legislature, Oct. 26, 2020 (B.C. government)
B.C. records 217 more COVID-19 cases, mask use urged

Infection spike continues, 21 senior facilities affected

Los Angeles Dodgers celebrate after defeating the Tampa Bay Rays 3-1 to win the baseball World Series in Game 6 Tuesday, Oct. 27, 2020, in Arlington, Texas. (AP Photo/David J. Phillip)
L.A. Dodgers beat Rays 3-1 to win 1st World Series title since 1988

National League champs claim crown in six games

Seven-year-old Aaliyah Rosa was found dead in an apartment in Langley in July. (Langley Advance Times files)
Child’s body cold, no pulse: Off-duty cop testifies in Langley mother’s murder trial

The seven-year-old girl’s mother faces a first-degree murder charge

People march during a climate strike in Montreal, Friday, Sept. 27, 2019. THE CANADIAN PRESS/Graham Hughes
Judge rejects 15 youths’ climate change lawsuit against Canadian government

Justice Michael Manson has granted the government’s motion to strike the plaintiffs’ claim

Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

A woman walks through check in at WestJet at Pearson International airport during the COVID-19 pandemic in Toronto on Wednesday, Oct. 14, 2020. THE CANADIAN PRESS/Nathan Denette
Strong support for pre-flight COVID testing ahead of upcoming WestJet trial: YVR

Airport is partnering with UBC, which is helping choose the method of pre-flight testing

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

It’s been eight years since Gordon Spencer (pictured), and cousin, ‘Lil’ Bruce Mayo, were gunned down in a home in Langley, and Spencer’s widow is hoping someone who knows something will step up (file)
Eight years on and still no answers in Langley double murder

Wife of victim makes public appeal for people with information to come forward

Langley resident Shaun Nugent, who died in 2019 shortly after he saved a swimmer from drowning, has been awarded a posthumous medal for bravery by the Royal Canadian Humane Association (Courtesy Nugent family)
Langley man who died after saving swimmer receives posthumous medal for bravery

Shaun Nugent rescued woman from Hayward Lake near Mission in July of 2019

Most Read