Updated: Supreme Court upholds legislation underpinning Canada’s carbon pricing system

On March 25, majority of Canada’s Supreme Court ruled in what  EcoJustice calls a “monumental” decision, that the federal Greenhouse Gas Pollution Pricing Act does not violate the Canadian constitution. The Summary decision is available at the Supreme Court website as of March 25, here. The Justices noted that global warming causes harm beyond provincial boundaries and that it is a matter of national concern under the “peace, order and good government” clause of the Constitution. The Justices further noted that the term “carbon tax” is a misnomer, and the fuel and excess emission charges imposed by the Act were constitutionally valid regulatory charges and not taxes.

The federal government’s constitutional right to set the framework for pollution pricing lies at the heart of our national policies to fight climate change – originally, through the Pan-Canadian Framework on Clean Growth and Climate Change (2016) and now, through the Healthy Environment Healthy Economy Plan released in December 2020, which proposes to raise the existing carbon tax to $170 per tonne by 2050.

The Greenhouse Gas Pollution Pricing Act allows the federal government to impose a carbon price, a “backstop”, in any province or territory which fails to design their own policies to meet the federal emission reduction targets. The provinces of Saskatchewan, Ontario, and Alberta all filed separate challenges to the federal jurisdiction – with the provincial appeals courts in Saskatchewan and Ontario both upholding the federal government’s constitutional right to enact the law. In February 2020, the  Alberta Court of Appeal upheld the provincial challenge, and appeals to the Supreme Court from all three provinces were heard in Fall 2020. A more complete chronology of the legal cases is here .

The Supreme Court decision is summarized here – with a link to the full Decision (the Court notes that the Full Decision is so lengthly that it may cause an error message when trying to download it).

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