Canada’s Supreme Court affirms federal government’s constitutional right to enact carbon pricing legislation

On March 25, the Supreme Court of Canada released a majority decision stating that the federal government of Canada was within its constitutional rights when it enacted the 2018 Greenhouse Gas Pollution Pricing Act — which required the provinces to meet minimum national standards to reduce greenhouse gas emissions. The decision enables the federal government to move on to more ambitious climate action plans, since it ends a two-year battle with the provinces, and affirms the importance of the climate change issue. The majority decision states that national climate action “is critical to our response to an existential threat to human life in Canada and around the world.”   Summaries and reaction to this hugely important decision include an Explainer in The Narwhal , and “Supreme Court rules federal carbon pricing law constitutional” (National Observer) . Mainstream media also covered the decision, including a brief article in the New York Times which relates it to U.S. policy climate.

The Canadian Labour Congress issued a press release “Canada’s unions applaud Supreme Court decision upholding federal carbon pricing” – pointing out that the carbon tax is only one piece of the puzzle in reducing GHG emissions. Unifor emphasized next steps, calling on the provincial premiers of Ontario, Saskatchewan and Alberta, and the federal Conservative leader, to “stop complaining” and devise their own climate action plans. Similar sentiments appeared in the reactions of other advocacy groups: for example,  Council of Canadians;  the Pembina InstituteClean Energy Canada, and the Canadian Association of Physicians for the Environment (CAPE) .

Political reactions

The reaction and explanation of the case from the federal government is here. The CBC provides a survey of political reaction here. Ontario, Saskatchewan, and Alberta were the three provinces who lost their Supreme Court case: in a press release,  Alberta’s Premier Jason Kenney pledged that his government will continue to “fight on”, and will now begin to consult with Albertans on how to respond to the court’s decision – as reported in the National Observer, “Alberta has no carbon tax Plan B, was hoping to win in court: Kenney” (March 26) . Kenney further stated,  “We will continue to press our case challenging Bill C-69, the federal ‘No More Pipelines Law,’ which is currently before the Alberta Court of Appeal.”  [Note Bill C-69 is actually titled An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act… and was enacted in June 2019]. Ontario’s “disappointment” is described in this article in the Toronto Star and Saskatchewan’s government reaction is described here by the CBC .   A sum-up Opinion piece appears in The Tyee: “Sorry Cranky Conservatives! Carbon Pricing Wins the Day” (March 29).

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