Attorney General of British Columbia v. Attorney General of Alberta

(Alberta) (Civil) (As of Right)


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. .


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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.