Carbon tax challenge argued

SASKATCHEWAN’S CHALLENGE OF FEDERAL CARBON TAX IN HANDS OF APPEAL COURT

Five Saskatchewan judges have reserved their decision on the constitutionality of a federally imposed carbon tax after two days of hearings in Regina.

Lawyers representing provincial governments, Indigenous groups and environmentalists from across Canada presented their cases before the Saskatchewan Court of Appeal.

Saskatchewan has asked the court to rule on whether a federal carbon tax is constitutional. The province contends such a levy is not because it wouldn’t be evenly applied across all jurisdictions.

On Thursday, Ottawa and its supporters had their turn to argue. They said the federal government has the power to impose a carbon tax because Section 91 of the Constitution states it can pass laws “for peace, order and good government of Canada.”

This power can be asserted because climate change and greenhouse gas emissions are a matter of a national concern, a lawyer for the Attorney General of Canada told the court.

Sharlene Telles-Langdon said carbon pollutants have “cumulative dimensions” and don’t respect geographical boundaries once they are emitted into the atmosphere.

“One province’s refusal or failure to sufficiently regulate greenhouse gas emissions impacts Canada as a whole,” she said.

Telles-Langdon said Ottawa looks at greenhouse gases from a national perspective and that constitutionally provinces are unable to address Canada’s overall emissions level.

“It’s not necessary for each of the systems in each province to be the same to achieve the objectives of the legislation or to address the matter of national concern,” Telles-Langdon said.

“What is necessary is that a pricing system applies throughout Canada.”

A lawyer for British Columbia’s attorney general, intervening on Ottawa’s side, said emissions affect other provinces and the federal government is acting on a duty to protect these interests.