Saskatchewan Premier Scott Moe speaks during a pro-pipeline rally at IJACK Technologies Inc. near Moosomin, Sask., on Saturday February 16, 2019. Today Saskatchewan’s Court of Appeal will be the first in Canada to rule on whether a federally-imposed carbon tax is constitutional. The Saskatchewan Party government launched a legal challenge against Ottawa’s carbon price that came into effect for consumers April 1. THE CANADIAN PRESS/Michael Bell

Saskatchewan top court rules 3-2 federal carbon tax is constitutional

Justice wrote establishing minimum national standards for a price on greenhouse gas emissions falls under feds

Saskatchewan’s Court of Appeal has ruled in a split decision that a federally imposed carbon tax is constitutional.

The Saskatchewan Party government had asked the court for its opinion on the levy that came into effect April 1 in provinces without a carbon price of their own.

In a 155-page decision on the reference case, Chief Justice Robert Richards writes that establishing minimum national standards for a price on greenhouse gas emissions falls under federal jurisdiction.

He writes 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 differed in their opinion and ruled the federal government’s actions are not a valid use of that section of the Constitution.

Saskatchewan had argued before the court that Ottawa was overstepping its jurisdiction, but federal lawyers said greenhouse gas emissions are a national concern.

Saskatchewan Premier Scott Moe says he is disappointed with the decision.

READ MORE: Saskatchewan, Ottawa carbon tax case ‘monumental’ for Constitution

READ MORE: B.C. carbon tax up April 1, other provinces begin to catch up

The Canadian Press


Like us on Facebook and follow us on Twitter.

Just Posted

Parksville residents hear compelling tales from recovering young addicts

Speakers emphasize need for detox and treatment centre, shelter in the area

REVIEW: ‘Grace and Glorie’ a moving tale of death and friendship

Two women convey characters convincingly and with humour

Jordie Lunn, world-renowned mountain biker from Parksville, dies in accident

The 36-year-old was with friends trail riding in Cabo San Lucas when the accident happened

Island man restores 1962 Qualicum Beach fire truck he bought for $1

Vintage vehicle in working order and ready to hit the road

B.C.’s rural paramedic program expands, with home support

Advanced care ambulance staff added for six communities

BC Ferries sees steady traffic of post-Thanksgiving weekend travellers

Ferries filling up fast, sailing waits at some terminals

Canadian Snowbirds plane crashes before air show in Atlanta

Pilot lands safely after ejecting from jet

Singh says NDP would form coalition with the Liberals to stop Tories

Singh was in a Liberal-held riding Sunday afternoon in Surrey where he was pressed about his post-election intentions

‘My heart goes out to the mother’: B.C. dad reacts to stabbing death of Ontario boy

Carson Crimeni, who was also 14, was bullied relentlessly, his dad says

BC Ferries filling up fast with post-Thanksgiving weekend travellers

Monday anticipated to be busiest day of the weekend

‘Save the kids!’ Dorian survivor tells the harrowing story of his Canadian wife’s death

Family held a funeral and placed Alishia Liolli’s remains in a niche at a cemetery in Windsor, Ont.

Okanagan woman, 91, votes at advance polls despite broken hip, shoulder and wrist

Angela Maynard has voted in almost every election during her lifetime

Heiltsuk Nation open first Big House in 120 years in northern B.C.

Opening means the community now has an appropriate space for spiritual and ceremonial events

Most Read