In 6-3 Decision, Supreme Court Rules Carbon Tax Is Constitutional

Decision follows splits in provincial courts.

The Supreme Court has ruled the federal carbon tax is constitutional, culminating years of disputes that resulted in split decisions among provincial courts.

In Alberta, the court had ruled the tax was unconstitutional.

In Ontario and Saskatchewan, the court ruled it was constitutional.

Now, in a 6-3 decision, the court has ruled the tax can be imposed, despite it infringing on provincial jurisdiction.

“The (Greenhouse Gas Pollution Pricing Act) is constitutional. Although this restriction may interfere with a province’s preferred balance between economic and environmental considerations, it is necessary to consider the interests that would be harmed — owing to irreversible consequences for the environment, for human health and safety, and for the economy — if Parliament were unable to constitutionally address the matter at a national level.”

This now leaves the fight over the tax to be dealt with at a political level.

With the Conservatives saying they will scrap the tax, and the other parties saying they will keep it going, the next election will decide whether or not the tax continues.

Meanwhile, Canada’s competitive position will continue to degrade, and the cost of living will keep going up at a time when people can least afford it.

Spencer Fernando