Saskatchewan court to rule on province’s challenge of federal carbon tax

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The Saskatchewan Party government filed a legal challenge of Ottawa’s levy that came into effect April 1 in provinces without a carbon price of their own

Over a two-day hearing in February, Saskatchewan argued that the question isn’t one of climate change, but rather the division of power.It argued a carbon tax is unconstitutional because it’s not applied evenly across the country and erodes the sovereignty of provincial jurisdiction.

Premier Scott Moe believes a carbon tax hurts his province economically and has said he plans to appeal if the court upholds the validity of the tax. He said the decision will serve as “persuasive authority” that will be closely examined by other provinces waging their own legal battles against the federal tax.Manitoba recently filed papers in Federal Court for its challenge, while Ontario was in court last month to argue its case and is waiting for the outcome.“If they write a persuasive judgment it could impact on how other courts decide the matter,” suggested Newman.

New Alberta Premier Jason Kenney has promised he will scrap the carbon tax the former NDP government brought in and also fight in court if Ottawa tries to impose a national tax on his province.

 

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