Ontario to intervene in Saskatchewan’s Court Challenge of Federal Carbon Tax

Last week, at the Council of the Federation talks in Saint Andrews, New Brunswick, Ontario Premier, Doug Ford announced Ontario’s intention to intervene in Saskatchewan’s court reference to the Saskatchewan Court of Appeal challenging the Federal government’s proposed carbon tax. The court reference, which was submitted by the Province of Saskatchewan to the Court of Appeal in April of 2018, asks Saskatchewan’s highest court to determine whether the federal government has constitutional jurisdiction to impose the carbon tax. The Province framed its question to the Court of Appeal as follows: “Gas Pollution Pricing Act was introduced into Parliament on March 28, 2018 as Part 5 of Bill C-74. If enacted, will this Act be unconstitutional in whole or in part?” Canada’s Constitution sets out the subject matter over which the provinces and the federal government have exclusive jurisdiction to legislate. Section 91 outlines the areas of…

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