The statue representing justice looks out from the Supreme Court of Canada over the Parliamentary precinct in Ottawa, Thursday March 25, 2021. THE CANADIAN PRESS/Adrian Wyld

The statue representing justice looks out from the Supreme Court of Canada over the Parliamentary precinct in Ottawa, Thursday March 25, 2021. THE CANADIAN PRESS/Adrian Wyld

In split decision, Supreme Court says the federal carbon price is constitutional

Chief Justice Richard Wagner says in the written ruling that climate change is a real danger

The Supreme Court of Canada says the federal carbon price is entirely constitutional.

The split decision upholds a pivotal part of the Liberal climate-change plan, accounting for at least one-third of the emissions Canada aims to cut over the next decade.

Chief Justice Richard Wagner says in the written ruling that climate change is a real danger and evidence shows a price on pollution is a critical element in addressing it.

“It is a threat of the highest order to the country, and indeed to the world,” Wagner wrote for six of the nine judges.

Given that, said Wagner, Canada’s evidence that this is a matter of national concern, is sound.

“The undisputed existence of a threat to the future of humanity cannot be ignored,” he wrote.

Environment Minister Jonathan Wilkinson issued an immediate statement lauding the decision as “a win for the millions of Canadians who believe we must build a prosperous economy that fights climate change.”

“The question is whether this decision will put an end to the efforts of Conservative politicians fighting climate action in court, and whether they will join Canadians in fighting climate change.”

The onus was on the federal government to prove to the court that this is an issue of national concern that would allow it to take control of the matter rather than leaving it to the provinces.

The majority of the court found the federal government did that, noting all parties, including the provinces challenging the law, agreed climate change is “an existential challenge.”

“This context, on its own, provides some assurance that in the case at bar, Canada is not seeking to invoke the national concern doctrine too lightly,” Wagner wrote.

Wagner also wrote provinces can’t set minimum national standards on their own and if even one province fails to reduce its emissions, that could have an inordinate impact on other provinces.

He noted that the three provinces that challenged the ruling also withdrew from the Pan-Canadian Framework on Clean Growth and Climate Change. That agreement, signed in 2016, agreed to set a national carbon price.

“When provinces that are collectively responsible for more than two-thirds of Canada’s total GHG emissions opt out of a cooperative scheme, this illustrates the stark limitations of a non-binding cooperative approach,” he wrote.

That left the remaining provinces, responsible for only one-third of Canada’s total emissions, “vulnerable to the consequences of the lion’s share of the emissions being generated by the non-participating provinces.”

He also said climate change in Canada is having a disproportionate impact on the Canadian Arctic, coastal communities and Indigenous territories.

Justice Suzanne Côté dissented in part, agreeing climate change is an issue of national concern but taking issue with the power the federal cabinet gave itself to adjust the law’s scope, including which fuels the price would apply to.

Justices Malcolm Rowe and Russell Brown dissented with the entire decision, arguing Canada had not shown that climate change reaches the level of national concern. They objected that the precedent the majority’s decision sets would allow Ottawa to set minimum national standards in all areas of provincial jurisdiction.

Wagner pushed back, finding there is a limited scope for national standards that is unchanged by this ruling.

Canada implemented the Greenhouse Gas Pollution Pricing Act in 2019, setting a minimum price on carbon emissions in provinces that don’t have equivalent provincial prices, a law that was challenged by Saskatchewan, Ontario and Alberta.

The program applies a price per tonne to fuel purchases by individuals and businesses with lower emissions, and on part of the actual emissions produced by entities with large emissions, such as pipelines, manufacturing plants and coal-fired power plants.

The federal fuel-input charge applies in Ontario, Manitoba, Saskatchewan and Alberta, while the federal charge for big emitters currently covers only Manitoba and Prince Edward Island.

All other provinces have systems that meet the federal threshold.

The territories adopted the federal fuel charge.

READ MORE: Conservative Party members vote down resolution to enshrine reality of climate change

Mia Rabson, The Canadian Press


Like us on Facebook and follow us on Twitter.

Want to support local journalism during the pandemic? Make a donation here.

carbon pricingSupreme Court

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Alberni Valley Bulldogs’ goalie Luke Pearson stopped all 22 shots the Cowichan Capitals sent his way to collect a 5–0 shutout in B.C. Hockey League action, Saturday, April 10, 2021. (SUSAN QUINN/ Alberni Valley News)
BCHL: Pearson earns shutout in Bulldogs’ win over Cowichan Capitals

Alberni Valley will face Victoria Grizzlies Sunday, April 11 at 3 p.m.

A 3.0-magnitude earthquake occurred off Ucluelet just after 12:30 a.m. on April 10 and was reportedly felt as far south as Oregon. (Map via United States Geological Survey)
Quake off Ucluelet reportedly felt as far south as Oregon

Magnitude 1.5 earthquake also reported off Vancouver Island’s west coast hours earlier

Princess Elizabeth and her new husband, Prince Philip—behind the wheel—visited the Alberni Valley on the princess's inaugural visit to Canada. A photographer with Charnell Studios in Port Alberni captured the young newlyweds along the parade route on Oct. 25, 1951, months before Princess Elizabeth became Queen. Prince Philip died April 9, 2021, just shy of his 100th birthday. This photo is one of 24,000 in the Alberni Valley Museum's online archives, available for public viewing at https://portalberni.pastperfectonline.com. (PHOTO PN 13605 COURTESY OF ALBERNI VALLEY MUSEUM)
LOOK BACK: Prince Philip and his new bride visit Port Alberni

A special look back with the Alberni Valley Museum to honour the life of Prince Philip

John Ambrose Seward, 33, is described as Indigenous and five-foot-eight with short black hair and brown eyes. (Police handout)
John Ambrose Seward, 33, is described as Indigenous and five-foot-eight with short black hair and brown eyes. (Police handout)
High-risk sex offender banned from central Island, living in Vancouver: police

John Ambrose Seward, 33, has been released from prison under a number of conditions

Third-generation residential school survivor, poet and attorney Francine Merasty will be a featured author at Electric Mermaid Live Reads on April 16. (SUBMITTED PHOTO)
Residential school survivor and poet to read at Electric Mermaid

Electric Mermaid: Live Reads takes place online via Zoom on Friday, April 16 at 5:45 p.m.

B.C. Health Minister Adrian Dix and Premier John Horgan describe vaccine rollout at the legislature, March 29, 2021. (B.C. government)
1,262 more COVID-19 infections in B.C. Friday, 9,574 active cases

Province’s mass vaccination reaches one million people

Two-year-old Ivy McLeod, seen here on April 9, 2021 with four-year-old sister Elena and mom Vanessa, was born with limb differences. The family, including husband/dad Sean McLeod, is looking for a family puppy that also has a limb difference. (Jenna Hauck/ Chilliwack Progress)
B.C. family looking for puppy with limb difference, just like 2-year-old Ivy

Ivy McLeod born as bilateral amputee, now her family wants to find ‘companion’ puppy for her

A vehicle that was driven through the wall of a parkade at Uptown Shopping Centre and into the nearby Walmart on April 9 was removed through another hole in the wall later that night. (Photo via Saanich Police Department and Ayush Kakkar)
Vehicle launched into B.C. Walmart removed following rescue of trapped workers

Crews cut new hole in parkade wall to remove vehicle safely

Four members with Divers for Cleaner Lakes and Oceans were out at Cultus Lake on March 28 and 29 hauling trash out of the waters. (Henry Wang)
PHOTOS: Out-of-town divers remove 100s of pounds of trash from Cultus Lake

Members of Divers for Cleaner Lakes and Oceans hauled out 470 pounds of trash over two days

As of Saturday, April 10, people born in 1961 are the latest to be eligible for a COVID-19 vaccine. (Black Press files)
B.C. residents age 60+ can now register to get their COVID-19 vaccine

Vaccine registration is now open to people born in 1961 or earlier

A new saline gargle test, made in B.C., will soon be replacing COVID-19 nasal swab tests for kids. (PHSA screenshot)
Take-home COVID-19 tests available for some B.C. students who fall ill at school

BC Children’s Hospital plans to provide 1,200 kits to Vancouver district schools this April

Ruming Jiang and his dog Chiu Chiu are doing fine following a brush with hypothermia that saw several people work together to get them out of the Fraser River near Langley’s Derby Reach Park on March 25, 2021 (Special to the Advance Times)
Man finds men who rescued him from drowning in B.C.’s Fraser River

A grateful Ruming Jiang says he will thank them again, this time in person when the pandemic ends

The 10-part Netflix series Maid, which is being exclusively shot in Greater Victoria, was filming near Prospect Lake in Saanich last month. (Photo courtesy Fred Haynes)
Province announces $150,000 towards South Island film studio, fulfilling B.C. NDP promise

Investment to fund movie studio feasibility study at Camosun College

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

Most Read