Unpacking the Saskatchewan Court Decision
On Friday May 3, 2019, the Saskatchewan Court of Appeal ruled that the federal Greenhouse Gas Pollution Pricing Act is constitutionally valid. The federal government has the power to set “national minimum standards” for carbon pricing. It is a matter of “National Concern” under the Peace, Order and Good Government power. 3 of the 5 judges joined in this majority opinion. The two dissenting judges found that the federal law is unconstitutional for two reasons: Part 1 of the Act (the carbon price) is a “tax”, but does not conform with the requirements for Taxation under the Constitution; and Part 2 of the Act (applying to industry) is regulatory, and does not satisfy the requirements of the National Concern power. What is the basis of this decision, what is its effect, and what's next? In this webinar, University of Ottawa law professor Stewart Elgie, who was counsel for the Ecofiscal Commission in this court case, walks us through the ruling.
