With climate change emergency upon us, Saskatchewan court rules carbon tax is constitutional

It didn’t take long for the Saskatchewan Court of Appeal to determine that the federal government does, indeed, have the constitutional authority to take action on climate change in provinces that choose not to meet minimum national standards for large polluters or carbon pollution pricing.

Last Friday the Court issued its 3-2 decision, saying the federal government has a right to take national action on climate change — a problem that poses such a genuine threat to Canadians that it can be classified as an “emergency.”

The New Brunswick Anti-Shale Gas Alliance (NBASGA), which includes the Conservation Council, was granted intervenor status in the court case, as was the New Brunswick government.

Jim Emberger of NBASGA says the decision means provinces still remain free to exceed federal standards, but they cannot set lower standards for themselves. “We hope this is a first step in Canada’s adoption of serious climate crisis planning.”  We couldn’t agree more, Jim.

N.B. Premier Blaine Higgs said that he will be “consulting with the Attorney General to determine the most effective means to continue our opposition.”  We have yet to hear whether or not N.B. will pursue its losing legal arguments or choose instead to take further action to protect the health of its citizens and the environment.  Lois Corbett makes the case for the latter in this opinion piece.

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