That’s two strikes, Premier Higgs!

Ontario’s Court of Appeal has ruled Parliament’s carbon charge is constitutional
The Irving Oil Refinery is Canada’s largest oil refinery. It’s also New Brunswick’s top carbon emitter.

The Court of Appeal for Ontario ruled this afternoon that the federal government has the constitutional authority to impose a carbon tax upon provinces that choose not to implement one themselves.

“The need for a collective approach to a matter of national concern, and the risk of non-participation by one or more provinces, permits Canada to adopt minimum national standards to reduce GHG emissions,” the ruling states. “The Act does this and no more. It leaves ample scope for provincial legislation in relation to the environment, climate change and GHGs, while narrowly constraining federal jurisdiction to address the risk of provincial inaction.”

The news comes shortly after Saskatchewan’s Court of Appeal made a similar judgement.

The New Brunswick government was an intervenor in opposition of a carbon tax for both the Ontario and Saskatchewan court cases. 

The Conservation Council’s executive director, Lois Corbett, put out this statement following today’s decision:

“It’s time for Premier Blaine Higgs to recognize the futility of continuing to waste taxpayers’ money fighting this issue in court. The Premier should focus instead on reducing carbon emissions by phasing out coal and reinstating a moratorium on fracking for shale gas. 

“This is strike two. Let’s not fight a losing battle and get back to the real fight: protecting the health of  New Brunswickers and the environment.”

Jim Emberger, New Brunswick Anti-Shale Gas Alliance spokesperson, added this statement:

“Climate change is an emergency. The New Brunswick government should stop denying it by promoting fracking and oil pipelines. We need serious action now to reduce pollution.”

Recommended links: 

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

Protect us from climate change, Premier Higgs, not the carbon tax

Read the Court of Appeal for Ontario’s full decision here

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