No slam dunk. Considering the carbon tax isn't equal among the provinces, there's no way in hell the tax is constitutional. If it is constitutional, then why does Quebec get away with charging 1/3 LESS than the federal tax amount? Yep, everyone else has to cough up $30 a tonne but Quebec only has to cough up $20 a tonne.Exactly as predicted.
As all things do it will eventually wind it way way through all these lower courts until the SC takes it up.
It would seem to be a slam dunk for the feds but who can say?
Saskatchewan Premier Scott Moe says his resolve has been strengthened in his government's ongoing battle against the federal carbon tax after Alberta's Court of Appeal ruled the tax unconstitutional on Monday.
Alberta is the third province to have its courts weigh in on the carbon tax but is the only province to find the tax unconstitutional. Courts in Saskatchewan and Ontario had previously decided the government was within its power to impose the tax.
"Today's ruling confirms that the federal government has no right to impose a carbon tax on some provinces but not others, based on how each province has chosen to legislate its own constitutional power," Moe said in Saskatoon after the 4-1 decision was made public.
Alberta judges ruled that the regulation of greenhouse gases is not a national responsibility and the carbon tax itself was labelled a "constitutional Trojan horse" of overreaching executive powers that could impede provinces in the future.
Moe said this now means Saskatchewan can re-examine its Prairie Resilience plan, a plan which did not include a price on carbon.
Moe called on Prime Minister Justin Trudeau to shelve the carbon tax: "it's the right thing to do, on behalf of Canadians," Moe said.
"It isn't reducing our carbon emissions," he said. "Most certainly, I will speak to Saskatchewan: the carbon tax does nothing to reduce our carbon emissions; it reduces our economic opportunity."
Studies of B.C.'s carbon tax, which started in 2008, have found that emissions declined in that province after the tax was introduced.
Saskatchewan's greenhouse gas emissions are the highest in Canada per capita, at 66.9 tonnes of carbon dioxide equivalents, according to the Canada Energy Regulator. The national equivalent is 19.4 tonnes.
The Supreme Court of Canada is scheduled to hear two days of arguments March 24 and 25.
No slam dunk. Considering the carbon tax isn't equal among the provinces, there's no way in hell the tax is constitutional. If it is constitutional, then why does Quebec get away with charging 1/3 LESS than the federal tax amount? Yep, everyone else has to cough up $30 a tonne but Quebec only has to cough up $20 a tonne.
The other issue is, according to our Constitution the natural resources within a province belong to said province. So how is it that the Fed can interfere in the exploitation of those provincial resources? Either the provinces have full domain over their resources or they don't. It's a little late in the game for the Fed to suddenly decide the rules no longer apply without adjusting the Constitution. Oh wait, it's a bunch of ALT-left racist trash running the country. I keep forgetting they exempt themselves from the rules and laws they demand everyone else obey.
That's you in a nut shell. And the author is correct. Constitutionally the provinces have domain over the natural resources that exist within their borders. And yet the Fed has worked hard to prevent one province in particular from realizing its resource potential. What's the sense in having domain over natural resources when the Fed can come along and prevent you from exploiting those resources? Or you and your foreign-funded ALT-left racist buddies who don't want to see the Natives gain some economic independence.Or stunned.
Oh for sure man. If you listen to the enviro-tards Canadian oil is a about a gazillion times more carbon intensive that "traditional" oil deposits.Ont. and Que. doesn't have to pay Carbon tax on imported oil which is a head scratcher as well, must be less Carbon produced by foreign oil?
I guess Juniors carbon tax might not be constitutional after all...
Federal carbon pricing law unconstitutional, Alberta Court of Appeal rules
Majority opinion called the federal act 'a constitutional Trojan horse'
In a 4-1 decision, the Court of Appeal of Alberta has found the the federal government's Greenhouse Gas Pollution Pricing Act to be unconstitutional as it poses unlimited intrusion on provincial jurisdiction.
The appeal court decision, released Monday, rejects Ottawa's argument that regulation of greenhouse gas emissions is an issue of national concern, citing the division of powers in the constitution that gives the provinces responsibility for non-renewal resources.
The majority opinion called the federal act "a constitutional Trojan horse" and a "grand entrance hall into every head of provincial power."
Exactly as predicted.
As all things do it will eventually wind it way way through all these lower courts until the SC takes it up.
It would seem to be a slam dunk for the feds but who can say?
Sweet. My gas will be back under a dollar without the JST.Or stunned.
That makes for a super big conundrum. CPP is now the biggest farmland owner in Canada.A 4 to 1 decision.... Poor ole tater tot is crapping bricks about now, but to what will be a big surprise for junior, Kenney (and Moe's) next step is to withdraw AB and SK's contributions to CPP.
.... There goes the Lib Party's voter base
The legal battle over the carbon tax will soon reach Canada's highest court with Saskatchewan playing a major role — and a lower court ruling on Monday has increased the drama.
On Monday, the Alberta Court of Appeal ruled the federal carbon tax to be unconstitutional in a 4 to 1 decision.
Two rulings from Saskatchewan (3-2) and Ontario (4-1) went in favour of the federal government's position.
Both Saskatchewan Premier Scott Moe and Alberta Premier Jason Kenney were claiming the Alberta ruling as a victory for their case against the federal government's federal carbon pricing system.
The ruling sets the stage for next month's Supreme Court of Canada hearing. Canada's highest court will hear the cases of Saskatchewan and Ontario.
'It's the longest judgment I have ever seen'
"It will be a good court fight for sure. And it's not an easy case for the Supreme Court to decide," said John Whyte, a constitutional law expert at the University of Regina.
"There are 228 pages, 857 paragraphs. It's the longest judgment I have ever seen and it is well-argued, very well-argued, very precisely argued and makes as strong a case as ever possible for the invalidity of the carbon tax," Whyte said.
"I thought that the federal case was not a slam dunk but strong. But four judges going with the provincial claim of unconstitutionality was a little surprising," Whyte said.
Whyte said his "hunch" was that the top court would mirror the Saskatchewan Court of Appeal split decision.
"It's anything but an open and shut case."
Carbon tax a 'constitutional Trojan horse'
The Supreme Court of Canada chose not to wait until after the Alberta decision was rendered to set its hearing for Saskatchewan and Ontario, but that does not mean the Alberta ruling will be set aside.
The Alberta decision "is going to have an impact on the upcoming Supreme Court of Canada hearing no doubt," said Dwight Newman, constitutional law professor at the University of Saskatchewan.
The 4-1 Alberta decision rejected Ottawa's argument that regulation of greenhouse gas emissions is an issue of national concern, citing the division of powers in the constitution that gives the provinces responsibility for non-renewable resources.
The majority opinion called the Greenhouse Gas Pollution Pricing Act "a constitutional Trojan horse."
Newman said the majority of Alberta justices concluded that if the legislation stood it will "greatly expand the powers of the federal government. What they've called, in this very memorable phrase, a constitutional Trojan horse."
Premiers renew call to cancel tax
Alberta Premier Jason Kenney said the court ruling should force the federal government to cancel the tax in his province.
Newman said that argument can be made.
"Based on this decision there is a basis to say that in Alberta the determination of the law at this point is that the tax is indeed illegal."
On Monday, Moe said the federal government should cancel the tax pending the highest court's decision.
"We would ask that the Trudeau government pull the carbon tax off of Canadians here and re-engage with Canadians in a much more collaborative manner," Moe said Monday.
Federal Environment Minister Johnathan Wilkinson said he is confident in Ottawa's position.
"We look forward to the Supreme Court which is the ultimate arbiter of issues around differing interpretations of jurisdiction to be making the ultimate determination in March," Wilkinson said.
A change of government will cancel the provincial carbon taxes?
Also, I don't believe there is a federal party without a carbon tax plan.
'It will be a good court fight': Alberta carbon tax ruling sets stage for Sask. Supreme Court case
looks like the ball of twine is unraveling faster than trudeau ever imagined
looks like the ball of twine is unraveling faster than trudeau ever imagined
He's lost control completely.
Prime Minister Justin Trudeau said the government will move forward with its plan to increase the carbon tax to $30 per tonne from $20 on April 1.
The statement comes after he didn’t offer a clear answer to reporters during a press conference on March 27.
“We know that we need to do things to make sure that we’re both supporting families through ordinary times and through difficult times and moving forward on continuing the fight against climate change, which remains even at a time of immediate crisis and pandemic,” Trudeau said.
The prime minister added the rebate will offer Canadians another stream of income, as many are unable to work during the COVID-19 pandemic.
Farmers in Western Canada have been fighting the carbon tax since it was implemented.
The Agricultural Producers Association of Saskatchewan (APAS) said farmers lost about eight per cent of their income from the tax last year.
READ MORE: Farm income to fall by up to 12% due to the carbon tax: APAS
“We have to pay that tax and there is no way to pass that along through our commodity prices. We’re on a world market and you can’t add two per cent on the price of your wheat because of carbon tax,” APAS president Todd Lewis said.
However, it isn’t clear how the price of oil will play a factor on farmers income in 2020.
On March 30, oil prices fell eight per cent.
READ MORE: Oil price plunges to 2002 lows amid global coronavirus shutdown
Producers are frustrated by the decision given the current state of the economy.
“To raise a tax when we really don’t know what is going to happen … you know, look at what has happened in the last two weeks,” Jason Hennes said.
The Canadian Taxpayers Federation (CTF) said the bump is a funny way to say thank you to essential businesses like grocers and farmers.
“As governments work to help Canadians get through economic challenges, minimizing the tax burden must be a central element,” federal director Aaron Wudrick said.
B.C.’s provincial government is delaying its bump from $40 to $45, which was planned to change this week.
The Supreme Court of Canada postponed Saskatchewan’s carbon tax appeal, which was originally set for last week.
Questions about COVID-19? Here are some things you need to know:
Health officials caution against all international travel. Returning travellers are legally obligated to self-isolate for 14 days, beginning March 26, in case they develop symptoms and to prevent spreading the virus to others. Some provinces and territories have also implemented additional recommendations or enforcement measures to ensure those returning to the area self-isolate.
Symptoms can include fever, cough and difficulty breathing — very similar to a cold or flu. Some people can develop a more severe illness. People most at risk of this include older adults and people with severe chronic medical conditions like heart, lung or kidney disease. If you develop symptoms, contact public health authorities.
To prevent the virus from spreading, experts recommend frequent handwashing and coughing into your sleeve. They also recommend minimizing contact with others, staying home as much as possible and maintaining a distance of two metres from other people if you go out.
Its a triple roll of Great Value toilet paper.looks like the ball of twine is unraveling faster than trudeau ever imagined