Saskatchewan’s Court of Appeal has ruled that the carbon tax imposed on the province by the federal government is constitutionally sound and falls within the legislative authority of Parliament. The ruling was released Friday.
Premier Scott Moe said the decision will be appealed to the Supreme Court of Canada. The province has about 30 days to appeal, according to Saskatchewan Attorney General Don Morgan. The provincial government would act as intervenor in other court challenges against the carbon tax.
“I remain hopeful for a different outcome,” Moe said in the aftermath of the decision’s release.
Lawyers for the provincial government had argued the tax is unfair and unconstitutional. The 155-page decision was not unanimous as three appeal judges ruled in favour of the federal government while two others ruled the federal government’s law was wholly unconstitutional.
“No one in this nation should confuse climate action with a carbon tax,” Moe said.
Justices Ralph Ottenbreit and Neal Caldwell were the dissenting opinions as they argued Part 1 of The Greenhouse Gas Pollution Pricing Act,which imposes a charge on greenhouse gas-producing fuels and waste, is invalid and an unconstitutional delegation of Parliament’s law-making power.
Moe said Saskatchewan, and the rest of Canada, will be able to have their say on the federal carbon tax when the next general election rolls around. He pointed out that the carbon tax became a hot button issue in recent provincial elections and will be a factor again in October.
“It was forced on the provinces across the nation … by the prime minister of Canada,” Moe said of the carbon tax. “The only effectiveness this tax has is ultimately moving jobs out of our jurisdiction into other areas of the world, and we won’t stand for that.”
Saskatchewan had introduced its own carbon plan, Prairie Resilience, but did not place a price on carbon. The federal government’s carbon price starts at a minimum of $20 a tonne and is to rise $10 each year until 2022.
Federal Environment and Climate Change Minister Catherine McKenna is in Ottawa where she praised the court’s decision to uphold Canada’s jurisdiction.
“It confirms that putting a price on carbon pollution and returning the revenues to Canadians through the Climate Action Incentive rebate is not only constitutional, it is an effective and essential part of any serious response to the global challenge of climate change,” McKenna said on Friday.
McKenna re-emphasized the court’s findings that a price on carbon is “an essential aspect or element of the global effort to limit GHG emissions.”
Brent Dolter, an economics professor at the University of Regina, said the decision means the Saskatchewan government must now look at how it should modify its own made-in-Saskatchewan carbon reduction plan, whether it’s similar to the federal plan, or offering rebate cheques or moving the revenue to other sectors of government which could use the funding.
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Ontario has also launched a court challenge against the carbon tax, which was implemented by the federal government on April 1 in provinces that did not have their own carbon pricing plan that satisfied criteria laid out by Ottawa.
Manitoba’s Premier Brian Pallister has said his province will also launch its own court challenge.
There’s also the possibility that the Supreme Court may not hear the case if courts in Saskatchewan, Ontario and Manitoba come to similar conclusions about the constitutionality of carbon pricing, according to experts.
This story originally appeared on CBC