Alberta hits feds with lawsuit over carbon tax
Alberta is taking the federal government to court over Ottawa’s promised imposition of its carbon tax on the province.
Justice Minister Doug Schweitzer said Thursday his government contends the move constitutes federal overreach into the right of the province to manage its own affairs.
“Imposing a federal carbon tax on Albertans constitutes federal interference with our constitutional authority to make policy decisions within our own jurisdiction,” he said.
“The constitutional reference has implications beyond the carbon tax that every Canadian should be concerned about.”
Although the federal government hasn’t yet officially unveiled its concrete carbon tax plan for Alberta, Schweitzer argued this was the right time to head to court.
“We need to take action now to make sure we defend Alberta’s interests,” he said.
Thursday’s announcement contradicts Premier Jason Kenney’s recent statements his government would await rulings from Saskatchewan and Ontario before heading to court.
The Saskatchewan government recently lost a court challenge against the federal carbon tax, and vowed to take its battle to the Supreme Court.
Schweitzer said it’s important for Alberta to get ahead of that ruling, and table a full evidentiary record “as soon as possible ... to make sure we can hopefully have this heard prior to any Supreme Court rulings on the matter.”
As for a timeline, Schweitzer is hopeful the Alberta Court of Appeal will allow an expedited hearing. “The earliest date ... would be some time in October,” he said.
Schweitzer is expecting the case to cost around $300,000. He said he didn’t want to get into the details of the legal briefs, and how Alberta’s arguments would differ from Saskatchewan’s losing case.
“We’re going to fight for the future of Alberta,” he said.
“We campaigned on making sure we fought for every job, for the future opportunities of Albertans and to control our own destiny within our constitution.”
Saskatchewan’s Court of Appeal ruled last month in a split decision that the carbon tax is constitutional.
It also said that establishing minimum national standards for a price on greenhouse gas emissions falls under federal jurisdiction.
The court ruled Ottawa has the power to impose its carbon tax under a section of the Constitution that states Parliament can pass laws in the name of peace, order and good government.
Two of the five Appeal Court justices ruled the federal government’s actions are not a valid use of that section of the Constitution.