Federal carbon tax legislation too broad, two judges argue in dissenting opinion

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Judges Ralph Ottenbreit and Neal Caldwell said the act was unconstitutional because it would allow the federal government the power to change the act any way it wanted

The broad, sweeping and potentially abusive powers under the federal government’s Greenhouse Gas Pollution Act was one major reason for a dissenting opinion from two Saskatchewan Court of Appeal judges.The judges noted that the act contained 430 references to the word “prescribed” — the definition of which was so broad and open-ended that it allowed the federal government enormous scope.

They said, “Part 1 grants sweeping legislative law-making power to the executive branch of the federal government to adapt or modify the statute itself, including the power to adapt and modify any provision of Part 1 and to redefine words and expressions already defined in the statute.

The government had argued that the carbon tax needed to be imposed for the “peace, order and good government” of Canada. “In our opinion, the notion that national benchmarks are required merely speaks of a federal dissatisfaction with Provincial policy and a desire to impose federal policies on those Provinces now not meeting the benchmark and on those whose future policies may, at some point, fail to meet the federal benchmark. It is a dispute about what the right numbers are and who gets to decide what they are.”

 

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Maybe when AB and SK are a seperate nation they will finally figure it out.

“A recipe for abuse”. That at its core is the very essence of today’s Justin Trudeau led Liberal Party. canpoli

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