‘Greatest existential threat of our time:’ Ottawa makes carbon tax case in court

Alberta argues it has its own power to address carbon emissions and Ottawa should butt out

A campaign worker steams the wrinkles from a large Alberta flag at the venue where United Conservative Party Leader Jason Kenney was set to address supporters in Calgary, Alta., Tuesday, April 16, 2019. THE CANADIAN PRESS/Jeff McIntosh

A campaign worker steams the wrinkles from a large Alberta flag at the venue where United Conservative Party Leader Jason Kenney was set to address supporters in Calgary, Alta., Tuesday, April 16, 2019. THE CANADIAN PRESS/Jeff McIntosh

The climate crisis is a national and global issue that can’t be fought entirely by the provinces, a lawyer for the federal government argued Tuesday.

“The context of this case is the greatest existential threat of our time,” said Sharlene Telles-Langdon in her opening arguments in support of Ottawa’s carbon tax.

The law that brought in the tax is being challenged this week by Alberta in the province’s Court of Appeal.

Ontario and Saskatchewan have also gone to their top courts to oppose the tax, but lost. They are appealing to the Supreme Court of Canada.

Ottawa argues its authority for the tax comes from the Constitution’s peace, order and good government clause. Establishing minimum national standards on greenhouse gas emissions “is a matter of national concern that only Parliament can address.”

Telles-Langdon argued in court that the circumstances surrounding climate change have developed enough to make it a national concern. Much more is known about it, she said, and the severity of the threat has greatly increased.

“There has been a constitutionally important transformation,” she said. “We’re now in a situation where the dimensions of the problem are international and global.”

The carbon tax flows from the federal government’s right to sign international treaties, she added, and is part of living up to climate change accords such as the Paris Agreement.

She told the five-judge panel that the carbon tax grew out of co-operation between the federal government and the provinces that began in 2016 after a first ministers meeting in Vancouver. The provinces agreed at that time that carbon pricing shouldn’t make businesses in one province less competitive in comparison with others.

Several provinces already had carbon-pricing schemes at that time, she said.

“When this was signed, part of the agreement was that other provinces be brought on board.”

She argued that the tax still gives provinces the flexibility to meet a minimum standard in their own way. She pointed to Alberta’s recently approved levy on industrial emitters.

The federal lawyer faced repeated questions from judges about the scope of the legislation and how it would be implemented. In response to a question on whether Ottawa could simply ignore competitive pressures on Canadian businesses, Telles-Langdon pleaded with the court “to be reasonable about what Parliament does.”

“The federal government has to be very cognizant of the economy of the country as a whole.”

READ MORE: ‘You can call anything a national concern’: Alberta questions federal carbon tax

On Monday, a lawyer for the Alberta government argued that allowing the tax law to stand would give the federal government a tool it could use to repeatedly chip away at provincial powers.

Peter Gall said issues of “national concern” are rare. Greenhouse gases don’t meet the test, he said, and upholding the tax law would open the door to Parliament stepping into provincial matters whenever it wanted.

The Canadian Press

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

A recent seizure that included drugs, cash and a firearm from two serparate incidents on Friday, Nov. 20, 2020. (Photo: Surrey RCMP handout)
Surrey RCMP seize drugs, cash and gun over the weekend

Police say items were seized during two different incidents

Anita Huberman, CEO Surrey Board of Trade. (File photo: Tom Zytaruk)
Surrey Board of Trade calls for ‘immediate’ government help for businesses shut down

‘Don’t punish all businesses for the sins of a few,’ CEO Anita Huberman says

The 3D Digital Breast Tomosynthesis Mammography machine, new to the Surrey Breast Health Clinic at the Jim Pattison Outpatient Care and Surgery Centre. (submitted photo)
New 3D breast-cancer technology in Surrey ‘has already helped so many women’

Digital breast tomosynthesis new to Surrey Breast Health Clinic

Stephanie Cadieux, recently re-elected as MLA for Surrey South, has been named BC Liberal Caucus Chair. (contributed photo)
Surrey South MLA Stephanie Cadieux named Liberal caucus chair

Longtime MLA confident BC Liberals will present an effective opposition

(Photo: Amy Reid)
VIDEO: 2020 Community Leader Awards recognize Surrey’s unsung heroes

They don’t often receive recognition and don’t necessarily have a high profile in the community

BC Teachers' Federation President Teri Mooring is asking parents of school-aged children to encourage the wearing of masks when possible in schools. (THE CANADIAN PRESS/Chad Hipolito)
LETTER: Teachers union encourages culture of mask wearing in B.C. schools

BCTF President Teri Mooring asks parents to talk with children about wearing masks in school

Prime Minister Justin Trudeau speak to the media about the COVID-19 virus outside Rideau Cottage in Ottawa, Friday, Nov. 20, 2020. THE CANADIAN PRESS/Adrian Wyld
Canada’s inability to manufacture vaccines in-house will delay distribution: Trudeau

First doses of COVID-19 vaccine expected in first few months of 2021, prime minister says

Police lights
Vancouver elementary school locked down after unknown man walks into classroom

Police arrested the man and sent him for a psych evaluation

(Pixabay)
All dance studios, other indoor group fitness facilities must close amid updated COVID-19 rules

Prior announcement had said everything except spin, HIIT and hot yoga could remain open

Join Black Press Media and Do Some Good
Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

B.C. Liberal interim leader Shirley Bond speaks to reporters from Prince George via Zoom conference, Nov. 24, 2020. MLAs are being sworn in for the legislature session this week, many of them also by video. (B.C. legislature)
B.C. Liberal leadership contest will wait for election post-mortem

Interim leader set to face NDP on payments for COVID-19

Tabor Home in Abbotsford. (Ben Lypka/Abbotsford News)
Tabor Home in Abbotsford records 8 deaths and 124 COVID-19 cases

63 per cent of residents at long-term-care facility have tested positive

Product Care offers more than <a href="http://link.mediaoutreach.meltwater.com/ls/click?upn=pDYyTceU0YgTDdsd92GohdQJsmSiPFEkcB4MdMM0Qkoqb1aJA-2By5aWklKJXV6QRdyTteNjr2FccUOVLUe4t5Zw-3D-3D1ds-_KVyBcpjXADXifSWVpM8nQcAzSm9-2B6fEFnjVrTsOcu31irDHDxi5k0QTOIWCqMXUxaNbrf0yRzXSSpROCkfx3NkUtbr65Dkcw1J0by-2F-2BDdDiJGbcfhtjHWYSs66NwakeCCLYkj20e9ICIZsLcedqNZKBhsN0sGgBsInpdzsddYikUZkmQvFdxLJhakpgAA6aAJ5ScUoWR6vO9sM819vRB-2F6x7dsdfIaWa4ZgHxR4G7hauxgSJCsNI2bP5J62EFfM0aiDqRPwUPUjt7i5-2FMqpdJxrEBewnLky-2B3lE0JAmi5UsJBkJejuLOjsndZz4b7dNgbvt6KyewKuF0sxU2rpYgkAO9YAKc9STuFJd28Qn7jE0-2FqlB8HKOvpW150NHS-2BOMBcK5rkZ8YAuPqJy11k-2BgndiKB-2FWl2icAfbWtRGJPb8fM-3D" target="_blank">150 free drop-off locations</a> in B.C. (Pixabay.com)
Recycling broken or burnt string lights can reduce holiday landfill waste

In 2019, Product Care Recycling diverted more than 11.6 million light bulbs from landfills

Most Read