Attorney General of Saskatchewan v. Attorney General of Canada
(Saskatchewan) (Civil) (As of Right)
Constitutional law - Division of powers, Environmental law - Constitutional law - Division of powers - Environmental law - Climate change - Power to tax and to regulate - Whether the Greenhouse Gas Pollution Pricing Act, S.C. 2018, c. 12, s. 186, constitutes a valid exercise of Parliament’s jurisdiction for peace, order, and good government - Constitution Act, 1867, s. 91.
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Under Order in Council No. 194/2018, the Government of Saskatchewan referred the following question to the Saskatchewan Court of Appeal:
The Greenhouse Gas Pollution Pricing Act was introduced into Parliament on March 28, 2018 as Part 5 of Bill C-74. If enacted, will this Act be unconstitutional in whole or in part?
In a split 3-2 decision, the Court of Appeal answered “no”, finding that the object of the legislation, ensuring a minimum national price on greenhouse gas emissions in order to encourage their mitigation, is an issue of national concern falling under Parliament’s authority for peace, order and good government.
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