FELDSTED: Omitted from assessment by the majority is whether or not carbon emission reductions are in the national interest
The
Saskatchewan Appeal Court ruling on the carbon tax was disappointing, but
unsurprising.
In my
opinion, the federal government is determination to push through a new tax on
Canadians irrespective of the economic and social fallout.
There
is a sharp contrast between the approaches and assessments of the majority and
minority views in this split decision. Writing for the majority, Richards,
C.J.S. states:
“Canada
contends it should be recognized, under the national concern branch, as having
jurisdiction over “the cumulative dimensions of GHG emissions”. This approach
must be rejected because it would allow Parliament to intrude so deeply into
areas of provincial authority that the balance of federalism would be upset.
Further, it would hamper and limit provincial efforts to deal with GHG
emissions.”
“However,
Parliament does have authority over a narrower POGG subject matter – the
establishment of minimum national standards of price stringency for GHG
emissions. This jurisdiction has the singleness, distinctiveness and
indivisibility required by the law. It also has a limited impact on the balance
of federalism and leaves provinces broad scope to legislate in the GHG area.
The Act is constitutionally valid because its essential character falls
within the scope of this POGG authority.”
Writing for the
minority, Ottenbreit, J.A. states:
“Parliament
and the Provincial legislatures are sovereign within their own heads of power
or spheres of jurisdiction. Canadian federalism enshrines the principle of
autonomy at each level of government so as to permit independent development
and promotion of local and national political and policy priorities within the
enumerated heads of power.
The object of the Constitution Act, 1867 was
not to “weld the provinces into one, nor to subordinate Provincial Governments
to a central authority” (Re The Initiative and Referendum Act, [1919] AC
935 (PC) at 942).”
The Court of Appeal for Saskatchewan |
Omitted from assessment
by the majority is whether or not carbon emission reductions are in the
national interest. Concerns over anthropogenic carbon emissions are driven by
international treaty. Many nations are excluded from compliance and others have
withdrawn support or do not support the Paris Agreement.
Stating that carbon
emission goals are in Canada’s national interest is a dubious claim at best.
The issue at hand is
whether the federal government can use its participation in an international
treaty as a lever to alter the balance of powers between the federal and
provincial governments.
The essence of Canadian
sovereignty over her internal affairs is on the table, and these issues are far
from resolved.
John
Feldsted
Political Consultant & Strategist
Winnipeg,
Manitoba
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