Toronto Star

PM’s climate plan ‘unconstitu­tional,’ Ontario PCs say

Legal arguments submitted to Court of Appeal part of Ford’s $30M bid against carbon pricing

- ROBERT BENZIE QUEEN’S PARK BUREAU CHIEF

Prime Minister Justin Trudeau’s imposition of a national price on carbon to reduce greenhouse gas emissions would “seriously disrupt the balance of powers set out in the Constituti­on,” argues Premier Doug Ford’s government.

In legal arguments filed Friday with the Ontario Court of Appeal, the province contends it would be “unconstitu­tional” for Ottawa to introduce the measure next year.

“There is no need to dramatical­ly expand the scope of federal jurisdicti­on to allow Parliament to impose its preferred method of combating greenhouse gas emissions on the provinces,” the provincial government said.

The 41-page factum, bolstered by more than 400 pages of appendices, maintains the levies in the federal legislatio­n are “neither valid regulatory charges nor valid taxation.”

It is the latest salvo in Ford’s $30-million legal crusade against Trudeau’s carbon-pricing plan. Saskatchew­an and New Brunswick are also fighting the federal proposal.

“The extremely wide variety of activities that give rise to greenhouse gas emissions lack the singleness, distinctiv­eness and indivisibi­lity that must be present before the federal government can regulate a matter under the national concern doctrine,” the factum said.

Provincial Environmen­t Minister Rod Phillips noted, “Ontario is already doing its part and our families, workers, and businesses have already sacrificed a lot.”

“Most of Canada’s progress toward meeting its greenhouse gas emission targets is due to action Ontario has taken without having to resort to a jobkilling carbon tax,” said Phillips, who tabled the province’s climate plan Thursday.

“There is no justificat­ion to punish them further with a carbon tax,” he said.

Federal Environmen­t Minister Catherine McKenna said, “A court challenge isn’t a substitute for a serious climate plan.”

“Climate change is a crisis. We have jurisdicti­on. Pollution doesn’t know any borders,” McKenna said in an interview.

“This is clearly an issue of national concern,” she said, noting the prime minister will be discussing it with the premiers at the first ministers’ meeting in Montreal next Friday. Under Trudeau’s plan, the average Ontario household will pay $244 more annually on gasoline, natural gas, and home heating oil, but will receive $300 back in rebates for a net gain of $56 a year.

The proceeds will be bankrolled by carbon-polluting industries.

Ontario had been exempted from the federal carbon scheme because it was in a cap-and-trade alliance with California and Quebec that brought in $1.9 billion annually to provincial coffers to fund environmen­tal initiative­s.

But the Tories extricated Ontario from the pact, exposing the province to the federal plan to put a price on carbon emissions.

“Climate change is a crisis. We have jurisdicti­on. Pollution doesn’t know any borders.” CATHERINE MCKENNA FEDERAL ENVIRONMEN­T MINISTER

 ?? TIJANA MARTIN THE CANADIAN PRESS ?? “Ontario is already doing its part and our families, workers and businesses have already sacrificed a lot,” said provincial Environmen­t Minister Rod Phillips.
TIJANA MARTIN THE CANADIAN PRESS “Ontario is already doing its part and our families, workers and businesses have already sacrificed a lot,” said provincial Environmen­t Minister Rod Phillips.

Newspapers in English

Newspapers from Canada