Professor Nathalie Chalifour has published a new op-ed in The Globe and Mail examining Saskatchewan and Ontario’s positions in relation to the federal carbon tax.
She points out that in general, the arguments presented by both provinces are weak, especially since many legal experts agree that Parliament is within its constitutional authority to implement a national carbon price under one or more subject matters. She also highlights some interesting aspects raised by both provincial governments.
She concludes that: “In the end, it looks as if Saskatchewan and Ontario’s complaints are not really about the Constitution, but reflect a politically motivated, foot-stomping show of their unwillingness to do their part in the national and global effort to reduce GHG emissions. The fact that Ontario Premier Doug Ford is turning to the courts for help, when he recently stated he would override a court decision with the notwithstanding clause because he did not agree with the outcome, speaks volumes. Perhaps the biggest irony of all is that the federal government opted to use a carbon price because it is the policy favoured by economists and conservatives because of its efficiency. Yet it is the conservative-led provinces that are making the most noise about it. Meanwhile, these outlier provinces have left Canadian climate policy fragmented and bogged down in costly lawsuits.”