Summary

Keywords

Constitutional law - Constitutional law - Division of powers - Environmental law - Climate change - Power to tax and regulate - Whether the Greenhouse Gas Pollution Pricing Act, S.C. 2018, c. 12, s. 186, is unconstitutional in whole or in part - Constitution Act, 1867, s. 91. .

Summary

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

By Order in Council 112/2019, the Lieutenant Governor in Council referred the following question to the Court of Appeal of Alberta pursuant to s. 26 of the Judicature Act, R.S.A. 2000, c. J-2:

Whether the Greenhouse Gas Pollution Pricing Act is unconstitutional in whole or in part.

A majority of the Court of Appeal for Alberta found that Parts 1 and 2 of the Act are unconstitutional in their entirety and declined to express any opinion on Parts 3 and 4. In concurring reasons, Wakeling J.A. came to the same conclusions as the majority, but for different reasons. In a dissenting opinion, Feehan J.A. would have found the Act constitutional.