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

Horse carriage supporters to rally outside city hall

Owner of carriage company plans rally in response to Coun. Ben Isitt’s motion

UVic science and engineering research gets $18.8 million federal funding boost

Funding for engineering, science, sustainability research

Victoria woman competing for role as Maxim cover model

Winning model gets featured spread in magazine, cash price

Songbirds return to their roost in the West Shore

Tips, such as keeping roaming cats from ruffling any feathers, can attract more birds

VIDEO: Fun without sun: Hundreds enjoy Family Fest on Victoria Day

Families enjoy activities in Veterans Memorial Park

Greater Victoria wanted list for the week of May 21

Greater Victoria Crime Stoppers is seeking the public’s help in locating the… Continue reading

POLL: Were you satisfied with the Game of Thrones series finale?

Millions gathered in front of their televisions Sunday night to watch the… Continue reading

Raptors beat Bucks 120-102 to even series at 2-2

Lowry pours in 25 as Toronto moves within two games of NBA Finals

Body of missing snowmobiler recovered from Great Slave Lake

Police confirm the body is that of one of three missing snowmobilers

Christmas morning burglar sentenced on Vancouver Island

Justin Redmond Feusse, 20, sentenced to 240 days in jail for Dec. 25 break-and-enter

So, do you know ‘Dave from Vancouver Island’?

Ontario man searching for fellow he travelled with in Europe 50 years ago

Toddler seriously injured after falling from Okanagan balcony

RCMP are investigating after a two-year-old boy fell from the balcony of an apartment in Kelowna

Cost jumps 35% for Trans-Canada Highway widening in B.C.

Revelstoke-area stretch first awarded under new union deal

Most Read