Carbon tax is unconstitutional says Alberta Court

Premier Jason Kenny says the federal government should hand back the tax revenue

Carbon tax is unconstitutional says Alberta Court
Steve Randall

The premier of Alberta is calling for Ottawa to comply with a court ruling that the federal carbon tax is unconstitutional.

Late Monday, the Court of Appeal of Alberta ruled that the Greenhouse Gas Pollution Pricing Act is “a constitutional Trojan horse” and allows the federal government open-ended and “endlessly expansive” power over the province’s people and businesses.

The court said that if the law is valid, then “the constitutional foundation for provincial governments is badly damaged and their future as an important level of government is in jeopardy. Federalism, as we have known it for over 150 years, is over.”

It warned that the legislation does not set limits that could substantially increase in the future. “The minimums of today are not the maximums of tomorrow," the court’s decision said.

The court decided on their ruling with a 4-1 majority and critics of the tax, including Premier Jason Kenny, were quick to react.

“Today is a great victory for Alberta and for Canadian federalism. We promised Albertans we would fight for them, and today we succeeded,” said Kenny in a statement. “We will not tolerate Ottawa determining the future of Alberta’s economy. This consumer carbon tax is now illegal; therefore, we expect the Government of Canada to comply with the order of the court today, remove the federal carbon tax on Albertans and immediately refund any and all tax collected to date.”

Kenny continued that his government is defending the province’s interests.

“Albertans expect us to promote jobs and champion our economy. This is what we are doing by fighting the federal carbon tax, which punishes people for heating their homes and driving to work but does nothing to reduce emissions,” he said.

However, federal environment minister Jonathan Wilkinson says that the Alberta ruling is “one step in the process.”

He added that “We have heard from the Ontario and Saskatchewan Courts of Appeal, both of which determined that our federal plan to put a price on pollution is constitutional.”

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