Skip to main content

“I am a Canadian, free to speak without fear, free to worship in my own way, free to stand for what I think right, free to oppose what I believe wrong, or free to choose those who shall govern my country. This heritage of freedom I pledge to uphold for myself and all mankind.” ~~ John G. Diefenbaker

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

Comments

Popular posts from this blog

“4.5 million hectares of forest lands have burned since 2023, and the best they can do is point to a 90-hectare block being salvaged?” ~~ Ward Stamer, Kamloops-North Thompson MLA

Today, BC NDP forest Minister Ravi Parmar made this pronouncement; ‘Removing red tape has sped up permitting, allowing for more wood to be salvaged, quicker’. 4.5 million hectares of forest lands have burned since 2023, and the best they can do is point to a 90-hectare block?    ~~ BC Conservative Forests Critic Ward Stamer While acknowledging the NDP government has recognized improvements were needed in permitting and accessing burnt fibre in a timely fashion, the reality is, they are barely making a dent in the problem.  This government's recognition that only seven percent of pulp mill fibre came from burnt timber in 2024-25, quite simply put, is a failure. And the recent announcement, just three weeks ago, that the Crofton Pulp Mill would be permanently closing, is proof of that.     Instead of Premier David Eby’s government addressing core issues being faced by British Columbia’s forest industry, they are doing little more than manipulating the facts, ...

A message from BC Conservative MLA Ward Stamer, and the Kamloops – North Thompson Riding Association

2025 was a busy first year. As a Caucus, we worked very hard to defeat Bills 14 and 15, legislation which allows the provincial government to move ahead without environmental assessments on renewable projects, and that also allows cabinet to build infrastructure projects without getting approval from local municipal governments. This is not acceptable to your BC Conservative caucus, and we will continue to press this government for open and transparent projects in the future.  Two things we had success in were having the first Private Members bill passed in over 40 years. The first was Jody Toors Prenatal and Post Natal Care bill, and then there was my private members Bill M217 Mandatory Dashcams in commercial vehicles (passed second reading unanimously and is heading to Committee in February). Regrettably, much of the legislation passed by the government was little more than housekeeping bills, or opportunities to strengthen the ability of Cabinet Ministers to bypass the BC legi...

Wildfire waste plan torched -- Forestry critic Stamer calls BC's wildfire salvage rate 'a failure'

Claims that BC is making progress salvaging wildfire-damaged timber are masking deeper problems in the forest sector, the province’s forestry critic says. Last week, BC’s Ministry of Forests said mills in the province processed more than one million cubic metres of wildfire chips in 2024-25, up from 500,000 cubic metres in 2023 and representing about seven per cent of all processed wood. Kamloops-North Thompson BC Conservative MLA Ward Stamer said those claims of progress ignore the reality that only a fraction of burned timber is being used ... CLICK HERE for the full story

Labels

Show more