Alberta NDP downplays carbon tax challenge
Saskatchewan argues legislation unconstitutional
Alberta’s NDP government is downplaying Saskatchewan’s court challenge of the federal carbon tax, while the Opposition United Conservative Party says it will seek intervener status in the case.
Premier Scott Moe announced Wednesday Saskatchewan will ask the province’s Appeal Court whether Ottawa has the constitutional power to impose a carbon tax on provinces that don’t have one.
The Alberta government put its own broad-based carbon levy in place prior to the Trudeau government’s mandate to provinces to price carbon and it has accepted the federal plan.
Both the Alberta NDP and federal Liberals have linked the carbon price to federal approval of the Kinder Morgan Trans Mountain pipeline expansion, which is currently under threat from the British Columbia government.
At an event in Calgary, Alberta deputy premier Sarah Hoffman and Justice Minister Kathleen Ganley said no decision had been made on whether the provincial government would seek intervener status in the case.
But they suggested there is no point in Alberta engaging in a legal fight with Ottawa over the issue.
“When we have to, we will certainly go to court, but what we need is a federal government to continue to be a partner and make sure we get a pipeline built,” said Hoffman.
Ganley would not comment on the merits of Saskatchewan’s challenge. “Saskatchewan is going to do what they’re going to do,” she said.
Meanwhile, UCP Leader Jason Kenney, a vociferous opponent of carbon pricing, said his party would apply for intervener status in the Saskatchewan case to help quash the federal carbon pricing plan. “At any normal time in Alberta’s history, we would be leading the fight. Alberta would be assembling a coalition of other provinces … instead, we have an NDP government that is acting like a doormat for Ottawa,” he said.
Kenney acknowledged it was not certain the UCP would be granted status in the case.
The UCP leader dismissed any connection between carbon pricing and the Trans Mountain project moving forward.
Kenney has said previously that if courts uphold the constitutionality of the federal carbon tax, a UCP government would consider a rebate system for all the revenues brought in from the levy.