The Alberta Court of Appeal gave opponents of the federal carbon tax their first win on Monday when it ruled that the levy is unconstitutional.
In a 4-1 decision, the Appeal Court said the legislation that brought in the tax erodes provincial jurisdiction.
“The act is a constitutional Trojan Horse,” said a portion of the decision written by three of the four majority justices.
“Almost every aspect of the provinces’ development and management of their natural resources … would be subject to federal regulation.”
A fourth judge filed a separate opinion in support of the majority.
The Alberta government had argued in its challenge of the tax that climate change isn’t a national concern requiring overriding federal intervention.
A provincial lawyer said in hearings last December that if greenhouse gases could be considered such, then anything could.
The federal government countered by saying climate change is a national and global issue that can’t be left to each of the provinces to take on alone.
Alberta Premier Jason Kenney [pictured] immediately welcomed the ruling.
“We will continue to stand with our allies in Ontario, Saskatchewan, Quebec and elsewhere in defending working families and defending our constitutional authority as a government,” he said.
“We expect the government of Canada to comply with the order of the court today and to remove the federal carbon tax on Albertans.”
Saskatchewan Premier Scott Moe also called for the tax to be rescinded.
The court ruling is a constitutional reference and contains no orders.
Federal Environment Minister Jonathan Wilkinson pointed out that two other provincial Appeal Courts — Saskatchewan and Ontario — sided with the federal legislation.
The Supreme Court is to hear arguments next month when Saskatchewan appeals the ruling from its court.
“We look forward to the Supreme Court, which is the ultimate arbiter of issues around differing interpretations of jurisdiction, to be making the ultimate determination in March. We feel confident that the federal position will be upheld,” Wilkinson said in Ottawa.
“We need to work together, but we need to do it in thoughtful ways that are efficient, that are affordable for Canadians and one of those ways is a price on pollution.”
Kenney gave no indication of compromise.
“We do not believe Canadians in this cold northern country should be punished for simply living normal lives,” said the premier, who promised to defend Alberta’s interests from what he called “a hostile federal agenda.”
“If we didn’t do so, then provinces could see their inherent power usurped,” he said. “We would no longer be sovereign in our own constitutional sphere, but would become vassals of a federal government.”
The Appeal Court appeared to agree. It noted that the Supreme Court has only recognized the national concern argument three times since Confederation.
“Courts have been highly reluctant to use the national concern doctrine to create judge-made heads of power,” says the majority decision, written by three justices, including Chief Justice Catherine Fraser.
It noted health care, minimum wages, and justice are all national concerns but are administered by the provinces.
The court ruled that, for something to be a national concern within federal jurisdiction, it would have to be beyond the scope of provincial powers.
The judges said the carbon tax law gives the federal cabinet “endlessly expansive” powers.
“Conspicuous for its breadth, the act allows the federal government to intrude further into more and different aspects of lawful daily life.”
Read rest at National Post
Nobody has ever provided an explanation regarding exactly what the Justine Trudeau Carbon Tax is supposed to do. We heard barbie’s statement that “pollution has a price” and all that means to me is the enviro-fascists, Liberals, NDP and Greens telling us to stop buying Made in Canada or Product of Canada and to dump our Canadian investments and invest in foreign funds.
My plan? Dump Canadian shares, pick up some short term GIC’s and keep an eye on the upcoming American election. If President Trump loses, Canada is finished.
Well done Alberta , well done judge’s .
Trudeau is a globalist that wants to go even further .
Out source Canadian sovereignty to the UN and China .
The Federal government has wrecked Canada .
Why is it 66% of all immigration comes from 3 countries ? All Asian ?
Why is it that UBC takes in 5000 Chinese kids while BC kids can’t get in ?
Why did the Liberals sit back for over a decade and let money launders from China buy up Vancouver . Driving real estate prices through the roof .
Trudeau is a huge communist fan and it shows .
Thank you Ontario for screwing up a pretty good country .
I’ll be more specific… it’s Toronto.
pay attention stupid liberal Eco-Freaks Alberta just declared a CO2 tax as Unconstitutional just like all your idiotic reguations should be consitered here in the USA
While Canada recognizes a Central Government power grab for what it is, the Greens in the U.S. still want Federal mandates to be enforced when they were not enacted by legislation, but by faceless bureaucrats.
Power grab? These people are burning down our house ( to borrow from Greta). Canadian Indians have constitutional rights adopted from the old British North America Act. Trudeau the Elder cut corners and dropped it in, wholesale and unfit for the 21st century. The eco anarchists have joined forces with the hereditary chiefs (not the elected tribal council chiefs) to abuse our legal system. It’s open season on Canadians. Justine is staring into the headlights.