In a 4-1 majority decision, the Alberta Court of Appeal has found the federal carbon tax unconstitutional, calling it a “Trojan horse” with the potential for “unlimited federal intrusion”..Premier Jason Kenney said he was pleased with the decision..“We promised to take meaningful action on climate change without punishing Alberta families for driving to work and heating their homes,” Kenney said..“We urge the Trudeau government to respect the ruling of the court and scrap their carbon tax immediately on Alberta families.”.Alberta’s Court of Appeal is the first provincial court to reject the federal government’s jurisdiction..A jubilant Jason Kenney said it was a great day for Alberta and federalism in a press conference after the decision was made public..“Let me be clear about why we’re fighting so hard – there’s no one size fits all plan – we categorically reject that.”.“We do not believe Canadian families should be penalized for living normal lives.”.The provinces of Saskatchewan, New Brunswick, and Ontario acted as intervenors in the appeal..Ontario and Saskatchewan have previously lost their provincial appeals and filed notice to appeal with the Supreme Court of Canada..Saskatchewan and Ontario’s provincial appeal courts delivered split decisions with the majority siding with the federal government’s jurisdiction in implementing the tax..Canadian Taxpayer Federation President and CEO Scott Hennig said he was also pleased with the decision and that the Supreme Court of Canada (SCC) final decision “should be interesting”..Arguments on behalf of Saskatchewan’s carbon tax challenge will be heard by the SCC this spring..Conservative Party of Canada leadership hopeful Peter MacKay said it was time for the federal and provincial governments to work together on climate policy..“A carbon tax is not a (climate change) plan, it is a tax,” MacKay wrote on Twitter..Kenney said his government respects the science behind climate change and touted the TIER program that maintained a carbon tax on Alberta businesses..The UCP government repealed Alberta’s provincial carbon tax on individuals in June of 2019 but left the $30/tonne tax on Alberta’s “largest emitting” corporations with the TIER (Technology Innovation and Emissions Reduction) program..TIER replaced the NDP government’s CCIR (Carbon Competitiveness Incentive Regulation) as of January 1, 2020..“The TIER Fund would be used for new and cleaner Alberta-based technologies that reduce emissions – like improved oil sands extraction methods and research and investment in carbon capture, utilization and storage” a statement on the Alberta government website reads..“It would also be used to reduce Alberta’s deficit and support the province’s energy war room, which is now incorporated as the Canadian Energy Centre.”.Cabinet Ministers Doug Schweitzer, Jason Nixon and Sonya Savage are the named directors of the private corporation..Federal Environment Minister Jonathan Wilkinson told CBC’s Power and Politics that because both Ontario and Saskatchewan Court of Appeal found the carbon tax constitutional, “the ultimate arbiter will be the Supreme Court of Canada who will be hearing this case in March”..“The federal government remains confident that our arguments will be upheld,” he said..“I will simply say that pricing pollution… is the most efficient, most cost effective manner in which to reduce greenhouse gas emissions and it’s something to which (the federal government remains) committed.”.Deirdre is a Senior Reporter with Western Standard.dmaclean@westernstandardonline.com @Mitchell_AB
