National Post (National Edition)

Alberta’s UCP shunned in carbon tax skirmish

Ottawa urges rejection of intervener bid

- Tyler dawson National Post tdawson@postmedia.com

EDMONTON • The federal government is arguing that Alberta’s opposition United Conservati­ve Party should not be allowed to join the government of Saskatchew­an in its legal challenge against the imposition of a carbon tax.

“Their interest in this reference is both political and speculativ­e,” Department of Justice lawyers wrote in court documents filed Wednesday. “Their interventi­on will not assist the Court in dealing with the legal issues.”

As well as arguing against the UCP’S interventi­on, the federal government took issue with a handful of other would-be intervener­s. It argued against the admissibil­ity of some portions of submission­s from the Canadian Taxpayers Federation and the Assembly of First Nations, and that the Agricultur­al Producers Associatio­n of Saskatchew­an should be refused status unless its arguments were “relevant to the legal issues.”

But it has no objection to applicatio­ns to intervene from eight other organizati­ons, including the David Suzuki Foundation, the Canada Ecofiscal Commission and the Athabasca Chipewyan First Nation, all expected to support the federal position. The federal government also did not challenge applicatio­ns from the Saskatchew­an Power Corporatio­n and Saskenergy Inc., both Saskatchew­an Crown corporatio­ns seeking to intervene in support of the province.

“It’s telling that the Trudeau government is happy with foreign-funded groups ... fighting for a carbon tax in Canadian courts, but not the Official Opposition in Alberta that represents a significan­t number of Albertans,” said UCP leader Jason Kenney in a statement.

In an emailed statement, Caroline Thériault, a spokeswoma­n with Environmen­t Canada, said the government’s position was based upon the “legal rules for intervener applicatio­n in reference cases.”

“It’s disappoint­ing to see Conservati­ve politician­s across the country using taxpayer money and resources to oppose serious action on climate change,” she wrote.

Saskatchew­an contends it is not constituti­onal for Ottawa to impose a carbon tax on provinces and territorie­s that don’t implement carbon-pricing programs of their own, or that adopt programs the federal government considers inadequate. The Saskatchew­an Court of Appeal will hear its case in February 2019. The UCP filed documents with the court last week claiming the party had a unique legal argument that it should get to present as an intervener.

In seeking leave to intervene — intervener­s raise issues to help courts decide cases, though they’re not direct parties to the court case — lawyers for the UCP argued that to allow the carbon tax would “upset the balance of federalism and the separation of powers between the federal and provincial government­s in a manner that is detrimenta­l to provincial efforts to develop policy solutions that are particular and unique to the individual provinces.”

The provinces and territorie­s where the federal carbon tax looks likely to apply beginning in 2019 include Ontario, Manitoba, Saskatchew­an, New Brunswick, Yukon and Nunavut. Alberta has a carbon tax at present, put in place by Premier Rachel Notley’s NDP government, but the UCP — which could take over after next spring’s election — has vowed to cancel it and fight the federal government tooth and nail should it impose one on Alberta.

Notley’s government, however, pulled out of the federal carbon plan on Aug. 31 over delays to the Trans Mountain pipeline expansion; the federal tax would likely have replaced the provincial one in 2021. Asked for comment Wednesday on the federal government’s filing, the Alberta government did not respond directly, instead offering a statement that “there is no national climate plan without Alberta.”

The court will hear the applicatio­ns to intervene on Dec. 12.

THEIR INTEREST IS BOTH POLITICAL AND SPECULATIV­E.

 ?? GREG SOUTHAM / POSTMEDIA NEWS FILES ?? UCP leader Jason Kenney rebuked the federal government after it argued the party should not be allowed to join Saskatchew­an in a carbon tax court challenge.
GREG SOUTHAM / POSTMEDIA NEWS FILES UCP leader Jason Kenney rebuked the federal government after it argued the party should not be allowed to join Saskatchew­an in a carbon tax court challenge.

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