Several justice ministers ‘compare notes’ on carbon tax

Justice Minister Doug Schweitzer met with his provincial counterparts in Saskatoon Tuesday to prepare for Alberta’s court case against the federal carbon tax.

“It’s a lot of lawyers huddling at the moment,” he said in an interview. “It’s been really constructive and it’s good to compare notes.”

Schweitzer said the government will file materials in the Alberta Court of Appeal by Friday. He met with justice ministers from Saskatchewan, Ontario and New Brunswick as well as with legal counsel from Manitoba.

In June, the UCP government launched a constitutional challenge to the federal carbon tax, arguing it overreaches into what should be provincial jurisdiction. It followed an election campaign promise by Premier Jason Kenney.

“We’re having a discussion about the current stages of the cases and our respective jurisdictions,” Schweitzer said. “Alberta is in a bit of a catch-up phase right now.”

The Saskatchewan government recently lost a court challenge against the federal carbon tax in a split decision. Premier Scott Moe vowed to take the battle to the Supreme Court.

“There’s the potential opportunity for the different cases coming through the provinces to be actually heard together at the Supreme Court,” Schweitzer said, noting it depends when the Alberta case is heard. “It’s critical that we get Alberta’s evidence before the court.”

One of the UCP’S first moves after being elected April 16 included scrapping the provincial carbon tax brought in by the NDP. Former premier Rachel Notley announced the tax in 2015 but it came into effect in 2017.

Shortly after it was nixed, federal Environment Minister Catherine Mckenna said Ottawa would impose its carbon price starting Jan. 1, 2020.

The federal tax took effect in Ontario, New Brunswick, Manitoba and Saskatchewan on April 1 after those provinces failed to meet Ottawa’s expectations on climate change.

Schweitzer is expecting the Alberta case to cost around $300,000.