Court allows intervention in carbon tax case

REGINA — Saskatchewan’s Court of Appeal is allowing all applicants to intervene in an upcoming case between the province and Ottawa over a federally imposed carbon tax.

The federal government, arguing the party’s interest in the case is political and speculative, had opposed a request by Alberta’s United Conservative Party to be an intervener on the side of Saskatchewan.

The court ruled Monday it will hear from Alberta’s official Opposition.

“The submissions of all intervenors must be limited to the legal issue before the court,” reads a written judgment by the five-justice panel.

Saskatchewan has asked the court to rule on whether the federal government’s plan to impose a carbon tax on the province is constitutional. The province believes its own climate change plan, which doesn’t include a carbon tax, is enough to reduce emissions.

Ottawa has given the provinces until January to come up with their own carbon price or have one imposed on them. The carbon price outlined by Ottawa starts at a minimum of $20 per tonne and rises $10 annually until 2022.

In a statement, the federal government said it respects the court’s ruling on intervenors.

“We believe this court case must be based on science and evidence,” said Sabrina Kim, a spokesperson with federal Environment Minister Catherine McKenna’s office.

“Canada has the right to put a price on pollution to tackle climate change, and we are confident in our legal jurisdiction to do so.”

Saskatchewan supported the United Conservative application. It also supported the Agricultural Producers Association of Saskatchewan, the Canadian Taxpayers Federation, SaskPower and SaskEnergy.

United Conservative Leader Jason Kenney, a former federal cabinet minister, tweeted he is pleased with the ruling, and noted that Alberta’s NDP government brought in a carbon tax.

“The UCP is stepping up to fight for Albertans since the current Alberta Government refuses to do so,” he tweeted.

The Appeal Court said the intervenors have until Dec. 18 to file additional material with the justices. Ottawa and Saskatchewan will then have three days to provide further submissions to supplement the record. The case is to be heard Feb. 13-14.

The federal government also wants portions of submissions from the taxpayers federation, the Assembly of First Nations, the agricultural producers association and Climate Justice Saskatoon reviewed to make sure they fit the rules for intervenors.

Ontario is also taking the federal government to court over the carbon tax. Its challenge is to be heard in April.

New Brunswick and Manitoba have not signed on to the federal plan.