Lethbridge Herald

Carbon tax court hearing this week

SASKATCHEW­AN, OTTAWA CARBON TAX CASE ‘MONUMENTAL’ FOR CONSTITUTI­ON: EXPERT

- Stephanie Taylor THE CANADIAN PRESS — REGINA

Legal experts, government officials and industry leaders will all watch this week as Saskatchew­an and Ottawa head to court over the constituti­onality of a federally imposed carbon tax.

The federal government is set to impose a carbon levy on provinces that do not have one of their own starting in April.

Ottawa’s price on pollution starts at a minimum of $20 a tonne and rises $10 annually until 2022.

The Saskatchew­an Party government has always been opposed to the idea. The province says the tax would hurt the economy and feels its own plan for emissions reductions is sufficient.

Prime Minister Justin Trudeau has promised that most of the money from a national carbon price will be returned to Canadians through rebates and that it’s a necessary mechanism to fight climate change.

The Saskatchew­an government has asked the province’s Appeal Court to rule on whether a federally imposed tax is constituti­onal and two days of hearings are to begin Wednesday.

“There’s no question that it’s a monumental decision in the life of the Canadian Constituti­on,” said University of Alberta law professor Eric Adams.

“The court hasn’t yet grappled explicitly with climate change as the background context to a constituti­onal question.”

In court filings, both Canada and Saskatchew­an point to the Constituti­on to show that neither the province nor the federal government has explicit control over the environmen­t, but that it overlaps both jurisdicti­ons.

But Saskatchew­an argues a federally imposed carbon tax is “constituti­onally illegitima­te” because it only applies to some provinces.

“Under our Constituti­on the federal government has no authority to secondgues­s provincial decisions with respect to matters within provincial jurisdicti­on,” court documents filed by the province say.

It also cites part of a 2017 legal opinion released by Manitoba, which last year pulled out of the federal plan. Legal expert Bryan Schwartz concluded that there’s a strong chance the Supreme Court of Canada would uphold a federal carbon tax.

But the law professor from the University of Manitoba said a “credible” yet “untested” argument could be made about how such a measure is applied. Schwartz wrote that a case could be made that Ottawa would be “arbitraril­y denying” Manitoba authority to deal with emissions reductions in its own way.

Ottawa argues climate change is a national concern and the federal government’s power to impose a carbon tax comes from Section 91 of the Constituti­on, which states laws can be made “for the peace, order and good government of Canada.”

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