JOHN FELDSTED -- The federal government pretense that Canada’s contributions to C02 emissions, will help or hurt the rate and extent of climate change, is unsupported by fact

There has been a good deal of publicity surrounding the Ontario Appeal Court decision on federal carbon pricing. Politicians and the media contend that the OAC decision is a confirmation of federal government powers under the peace, order and good government provision of the constitution.

The issues underlying federal carbon pricing legislation run far deeper than that. The Ontario Court and now the Ontario Appeal Court have held that we have a matter of national concern merely because the government of the day declares that it is so.

The OAC decision was not unanimous and the dissenting opinion has not received due attention. Justice Grant Huscroft wrote the dissenting opinion. I suggest you give the writeup on his opinion in the National Post a read. It is enlightening.

Many would argue our vast forests
make Canada carbon neutral

The Ontario (and Saskatchewan) rulings on the federal carbon pricing law violate the spirit of constitutional division of powers between the federal and provincial governments. Provinces generally have power over all local affairs, that is, all matters within their boundaries including the development, regulation and taxation of natural resources. The powers of the federal government are different from, but not superior to the powers of the provinces.

Environmental issues do not confer special powers on the federal government. Subjects like the environment have to be considered in the context of which aspects are local and which, if any, are federal.

Climate change is not isolated to Canada; it is a worldwide phenomenon. The federal government pretense that Canada’s contributions to carbon dioxide emissions will help or hurt the rate and extent of climate change is unsupported by fact. Climate change can have profound effects on our environment. Our government has it backward, believing that regulating the environment can control climate change.   

The world reduction in carbon dioxide emissions are well short of meeting targets set at the 2015 Paris climate change conference. There are only 57 nations who have or are expected to have peaked CO² emission by 2020 and they represent only 40% of major emitting nations. See World Energy System Not On Track to Meet Paris Agreement Goals Page 7.

The danger within the federal carbon price law is that it overrides provincial jurisdiction without adequate justification. This government cannot show that implementing its escalating prices on carbon-based energy sources will protect us from suffering future ill effects of climate change. It cannot show that the $ billions of income and investment resulting from our failure to develop petroleum and other resources are justified. Canadians are already paying heavily for government policies that inhibit resource development. 

The precedent set is onerous. If allowed to stand, the federal government acquires the power to write law and regulations on any issue by declaring it to be of national importance. That is a violation of democratic principles.

Our federal government has spent four years inundating us with and questionable propaganda to demonize fossil fuels and shame us into accepting that we are contributing to a climatic apocalypse. Rather than responding to public concerns, this government is creating public concerns. That is not what they were elected to do.

The origins of this passion lie in the large and expensive Canadian contingent sent to the Paris climate change conference in December 2015 when this government was barely in office. Justin Trudeau and compatriots were determined to make a major ‘Canada is back’ statement and take a lead role in combatting climate change. That fit his objective of securing a seat on the UN Security Council.

Canada never left the world stage. We were quiet, staid, but respected. That is no longer the case.

John Feldsted

Political Consultant & Strategist

Winnipeg, Manitoba