Supreme Court of Canada to hear Sask. challenge of carbon tax this month

Saskatchewan’s challenge of the federal government’s carbon tax is to be heard by the Supreme Court of Canada starting on Sept. 22.

The country’s top court issued its agenda for the month Friday and the case between Saskatchewan and the federal government is set for two days starting on the 22nd.

The provincial government announced in May of 2019 it would appeal the decision of the Saskatchewan Court of Appeal, which voted 3-2 in early May of that year against the province’s challenge of the federal carbon tax.

According to the Supreme Court’s agenda, the Court of Appeal ruled “the object of the legislation, ensuring a minimum national price on greenhouse gas emissions in order to encourage their mitigation, is an issue of national concern falling under Parliament’s authority for peace, order and good government.”

The Supreme Court was to hear the case in March, but it was postponed due to COVID-19.

Saskatchewan believes the federal government has violated the constitutional jurisdiction of the provinces through the imposition of the carbon tax.

“The issue that we’re arguing is that it’s not really a tax, it’s a punitive treatment of some of the provinces,” Saskatchewan Justice Minister Don Morgan said last year. “We think it’s worthwhile to get some clarity as to their right to levy a disproportionate tax or a punitive tax.”

Morgan previously said the province will risk taking a loss at the Supreme Court, because he wants clarity on the issue now and so do the people of Saskatchewan.

The justice minister was asked if Saskatchewan loses in the Supreme Court, would it change its stance and accept the federal government has the power to use a tool like a carbon tax?

“We’ll certainly want to negotiate, work with them, consider other options and remedies but from a legal point of view, the Supreme Court is as far as you can go,” Morgan replied.