On March 25, 2021, the Supreme Court of Canada released its decision regarding the challenges to the constitutionality of the federal government's carbon pricing system brought by the provinces of Alberta, Saskatchewan, and Ontario. In its decision, the Court ruled 6-3 that the Greenhouse Gas Pollution Pricing Act was constitutional.
- Case in Brief: References re Greenhouse Gas Pollution Pricing Act (Supreme Court of Canada)
Environmental groups welcomed the ruling and called upon the provinces and the federal government to fulfill their obligations and take meaningful action on climate change.
- Supreme Court decision means it’s time the premiers stopped politicking about climate action (Ecojustice)
- With Supreme Court ruling, provinces can no longer delay climate action (Pembina Institute)
- A big victory on climate – but we’re far from done (Environmental Defence)
Analysis & Explainers
- Here’s what you need to know about the Supreme Court of Canada’s landmark climate decision (Ecojustice)
- I read the carbon tax decision so you don't have to: a detailed summary of the main issues (Environmental Law Centre)
- Canada’s Supreme Court rules carbon price constitutional. Here’s what you need to know (The Narwhal)
- What the Supreme Court ruling on national carbon pricing means for the fight against climate change (The Conversation)
- Webinar: Aftermath! Federal Carbon Pricing and the Decision of the Supreme Court of Canada (Centre for Constitutional Studies)
Previous Updates
Septmeber 24, 2020
On September 22 and 23, the Supreme Court of Canada heard appeals in three separate cases regarding the consitutionality of the federal government's carbon pricing system. Appeals courts in Saskatchewan and Ontario had previously upheld the law, while the Alberta Court of Appeal ruled that the law was unconstitutional.
- Watch the archived webcasts of the proceedings (Supreme Court of Canada)
Lawyers from AEN member group Ecojustice representing the Athabasca Chipewyan First Nation and the David Suzuki Foundation appeared before the court as interveners in these important hearings.
- Fighting to uphold federal authority to lead unified, national action on the climate emergency (Ecojustice, 2020/09/15)
- Blog Post: Carbon pricing fight heads to the Supreme Court of Canada — here’s what you need to know (Ecojustice, 2020/09/07)
- Webinar: Road to the Supreme Court of Canada: Our climate future on the line (Ecojustice, 2020/09/14)
In the news
- Canada’s carbon tax dispute not settled yet as Supreme Court reserves judgment in cases (Global News/Canadian Press, 2020/09/23)
- 'Provinces are not independent states': B.C. defends carbon pricing at Supreme Court (National Observer, 2020/09/23)
- Courts can 'no longer ignore' First Nations laws, Supreme Court hears in carbon tax case (National Observer, 2020/09/22)
- Arguments that federal carbon pricing encroaches on provincial powers met with skepticism at Supreme Court (Globe & Mail, 2020/09/22)
- Federal government's climate policy hangs in the balance as Supreme Court considers carbon tax (CBC News, 2020/09/22)
- Federal, provincial battle over carbon tax goes before Supreme Court this week (CBC News/Canadian Press, 2020/09/21)
Commentary
- Supreme Court case on carbon price is about climate change, not the Constitution (The Conversation, 2020/09/22)
- Clarifying the Matter: Modernizing Peace, Order, and Good Government in the Greenhouse Gas Pollution Pricing Act Appeals (Ottawa Faculty of Law Working Paper No. 2020-12)
- Alberta Court of Appeal Opines That Federal Carbon Pricing Legislation Unconstitutional (ABLawg, 2020/03/17)
Photo Credit: Early Evening - Supreme Court of Canada by Peter Jakubinek licensed under CC BY-SA 4.0
