Several provinces are attempting to derail a federal carbon price through the courts, and Ecojustice is stepping up to make sure that does not happen.
In February 2019, Ecojustice intervened in the Saskatchewan reference case at the province’s Court of Appeal. The question posed to the court was on the federal government’s Greenhouse Gas Pollution Pricing Act, and asked, If enacted, will this Act be unconstitutional in whole or in part? If the Court were to decide that the legislation is constitutional, it would confirm Ottawa can tax fuels and substances leading to carbon emissions. If the Court were to find that a significant portion is unconstitutional, it probably means Ottawa’s approach to curbing emissions is not valid.
Ecojustice was given leave to intervene in Saskatchewan case in support of the federal government, representing both the David Suzuki Foundation and the Athabasca Chipewyan First Nation. Ecojustice was the sole group to advance an argument on behalf of its clients that the law could be supported under Parliament’s power to deal with a national emergency.
In May 2019, the Saskatchewan Court of Appeal released their decision, which upheld the Greenhouse Gas Pollution Pricing Act — a result that means the federal government has the power to take national action to tackle climate change. It also means that Parliament will be able to enact time-limited measures to respond to climate change in the future.
While the Court found that the law was not sufficiently temporary to qualify as emergency legislation, it agreed that “climate change is doubtless an emergency in the sense that it presents a genuine threat to Canada.” This is a judicial first.
The Ontario government has moved forward with its own similar case, heard in the province’s Court of Appeal in April 2019. Ontario Premier Doug Ford has turned climate inaction — cancelling Ontario’s cap and trade program and defying the carbon price — into one of his signature policies.
Ecojustice was again given leave to intervene in the Ontario case in support of the federal government, representing both the David Suzuki Foundation and the Athabasca Chipewyan First Nation. We await the decision from the Court of Appeal.
Why is Ecojustice involved?
Climate change is a national emergency that requires an urgent response. Ecojustice is fighting to ensure the federal government has the ability to respond to that emergency.
Protecting the environment is a shared federal and provincial responsibility. Provinces across Canada should be required to work towards implementing a fair system that holds polluters to account for putting communities and the climate at risk by increasing greenhouse gas pollution in our atmosphere.
Canada will not be able to meet its international commitments to reduce greenhouse gas emissions if provinces are allowed to opt out of taking action.
What would a win mean?
What’s at stake is nothing less than the federal government’s ability to respond to climate change, a national emergency. Climate change will affect the health and security of all Canadians, and only a short window of time remains to reduce greenhouse gas emissions. Everyone in Canada deserves the security of safe climate, and no province should be allowed to put that at risk through their inaction.
Photo of a prairie stormscape near Churchbridge, Saskatchewan, by Dave Sills via Flickr. Image obtained under Creative Commons.