Attorney General of Ontario v. Attorney General of Canada
(Ont.) (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, falls within the national concern branch of the Peace, Order, and Good Government power - Whether the Act imposes valid regulatory charges or valid taxation - Constitution Act, 1867, s. 91.
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By Order in Council 1014/2018, the Lieutenant Governor in Council referred the following question to the Court of Appeal for Ontario pursuant to s. 8 of the Courts of Justice Act, R.S.O. 1990, c. C.43:
Whether the Greenhouse Gas Pollution Pricing Act, Part 5 of the Budget Implementation Act, 2018, No. 1, S.C. 2018, c. 12, is unconstitutional in whole or in part.
A majority of the Court of Appeal for Ontario found the Act constitutional. In concurring reasons, Hoy A.C.J. found the Act constitutional but for reasons different from the majority. In a dissenting opinion, Huscroft J.A. would have found the Act unconstitutional.
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