Sask. appeals carbon tax ruling

As expected, Saskatchewan has appealed the court ruling that found Ottawa had the constitutional authority to impose a carbon tax.

Justice Minister Don Morgan announced May 31 that the official notice had been filed to the Supreme Court of Canada.

Related story: Court: carbon tax constitutional – Moe confirms appeal

The government has asked the court to answer two questions:

• Is the Greenhouse Gas Pollution Pricing Act unconstitutional in whole or in part?

• Does Parliament have jurisdiction to establish minimum national standards for price stringency for greenhouse gas emissions under the national concern branch of the peace, order and good government power set out in the opening words of Section 91 of the Constitution Act, 1867?

The Saskatchewan Court of Appeal ruled earlier in Ottawa’s favour.

In a written decision, a majority of judges on the panel determined that the Greenhouse Gas Pollution Pricing Act was “not unconstitutional in whole or in part.” A minority found the act was “wholly unconstitutional.”

The province has two months to file its factum with the court.


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