Reference re Greenhouse Gas Pollution Pricing Act
In Reference re Greenhouse Gas Pollution Pricing Act 2021 SCC 11, the Supreme Court of Canada ruled on 25 March 2021 that the federal carbon pricing law is constitutional.[2]
| Reference re Greenhouse Gas Pollution Pricing Act | |
|---|---|
| Hearing: September 22–23, 2020 Judgment: 25 March 2021 | |
| Full case name | IN THE MATTER OF References to the Court of Appeal for Saskatchewan, the Court of Appeal for Ontario and the Court of Appeal of Alberta respecting the constitutionality of the Greenhouse Gas Pollution Pricing Act, S.C. 2018, c. 12, s. 186 |
| Citations | 2021 SCC 11 |
| Docket No. | 38663,38781,39116 [1] |
| Ruling | Appeals of the Attorney General of Saskatchewan and of the Attorney General of Ontario dismissed and appeal of the Attorney General of British Columbia allowed |
| Holding | |
| The GGPPA is constitutional. It sets minimum national standards of GHG price stringency to reduce GHG emissions. Parliament has jurisdiction to enact this law as a matter of national concern under the peace, order, and good government (“POGG”) clause of s. 91 of the Constitution Act, 1867. | |
| Court membership | |
| Chief Justice | Wagner |
| Puisne Justices | |
| Reasons given | |
| Majority | Wagner C.J., joined by Abella, Moldaver, Karakatsanis, Martin and Kasirer JJ. |
| Concur/dissent | Côté J. |
| Dissent | Brown J. |
| Dissent | Rowe J. |
Background Edit
In response to Canada's 2016 ratification of the Paris Agreement which set greenhouse gas emission reduction targets, the Canadian federal government under Prime Minister Justin Trudeau passed the Greenhouse Gas Pollution Pricing Act (GHGPPA), which came into effect on 21 June 2018, establishing national standards for a carbon price.[3][Notes 1][4][5]
The province of Saskatchewan under Premier Scott Moe filed an appeal, and on 3 May 2019 the Court of Appeal for Saskatchewan ruled in favour of the federal government concluding that, GHGPPA is "not unconstitutional either in whole or in part."[6][7][8] and was a legitimate exercise of federal power under peace, order, and good government" (POGG).[9] Moe filed his appeal of the Saskatchewan decision to the Supreme Court of Canada on 31 May 2019.[10]
Breakdown of the decision Edit
The majority found the Act to be constitutional including Chief Justice Richard Wagner and Justices Rosalie Silberman Abella, Michael J. Moldaver, Andromache Karakatsanis, Sheilah L. Martin, and Nicholas Kasirer.[2]
Justices Russell Brown and Malcolm Rowe dissented and Justice Suzanne Côté dissented in part.[2]
Lower court rulings Edit
The three lower court rulings include docket number 38663 heard in the Court of Appeal for Saskatchewan, docket number 38781 in the Court of Appeal for Ontario, docket number 39116 in the Court of Appeal of Alberta.[2] The Ontario and Saskatchewan Courts upheld the legislation, while the Alberta Court found that it was unconstitutional.
Climate change is real Edit
The Supreme Court said that "all of the parties agree that global climate change is real. It's caused by greenhouse gas emissions resulting from human activities and it poses a grave threat to the future of humanity."[2]
See Also Edit
Notes and references Edit
Notes Edit
- ^ "An Act to mitigate climate change through the pan-Canadian application of pricing mechanisms to a broad set of greenhouse gas emission sources and to make consequential amendments to other Acts"
References Edit
- ^ SCC Case Information - Docket 38663,38781,39116 Supreme Court of Canada
- ^ a b c d e "Reference re Greenhouse Gas Pollution Pricing Act", Supreme Court of Canada, 25 March 2021, retrieved 25 March 2021Reference re Greenhouse Gas Pollution Pricing Act, 2019 SKCA 40 (CanLII) 38663-38781-39116
- ^ McGrath, John Michael (28 June 2019). "What you need to know about the Ontario Court of Appeal's carbon-tax decision". TVO. Ontario Educational Communications Authority.
- ^ "Greenhouse Gas Pollution Pricing Act". Act No. S.C. 2018, c. 12, s. 186 of 21 June 2018. Parliament of Canada.
- ^ "Bill C-74". Parliament of Canada.
- ^ Reference re Greenhouse Gas Pollution Pricing Act, 3 May 2019, retrieved 25 March 2021
- ^ "In The Matter Of The Greenhouse Gas Pollution Pricing Act, Bill C-74, Part 5 And In The Matter Of A Reference By The Lieutenant Governor In Council To The Court Of Appeal For Saskatchewan Under The Constitutional Questions Act, 2012, SS 2012, c C-29.01" (PDF). Court of Appeal for Saskatchewan. Citation: 2019 SKCA 40 (Docket: CACV3239). 3 May 2019.
- ^ "Federal carbon tax is constitutional: Saskatchewan Court of Appeal". Global News, a division of Corus Entertainment Inc. 3 May 2019.
- ^ "Sask. carbon tax challenge: SK Appeal Court rules in Ottawa's favour". Regina Leader-Post. 3 May 2019. Retrieved 23 May 2019.
- ^ Hunter, Adam (31 May 2019). "Saskatchewan files notice of carbon tax appeal to Supreme Court of Canada". CBC News. Retrieved 21 June 2019.