Attorney General of Saskatchewan v. Attorney General of Canada

(Saskatchewan) (Civil) (As of Right)


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.

Lower Court Rulings

May 3, 2019
Court of Appeal for Saskatchewan

2019 SKCA 40, CACV3239
See file