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ARTICLE · 30 MARCH 2021

Divided Supreme Court Finds Greenhouse Gas Pollution Pricing Act Constitutional

In a split 6-3 decision released today, the Supreme Court of Canada found the federal Greenhouse Gas Pollution Pricing Act ("GGPPA") to be constitutional.

CanadaEnvironment

In a split 6-3 decision released today, the Supreme Court of Canada found the federal Greenhouse Gas Pollution Pricing Act (“GGPPA”) to be constitutional.  The Court's decision marks the endpoint for the primary legal challenges mounted by Saskatchewan, Ontario and Alberta, which had argued that the provinces should have the power to individually regulate greenhouse gas (“GHG”) emissions within their borders and to adopt their own strategies for meeting the challenges posed by climate change. The Court's decision will have significant and widespread implications for future legislation, regulation and taxation of GHG emissions, as well as our country's constitutional framework, and may open the door to future challenges to the GGPPA's implementation – particularly given virulent dissents on the part of the Court and the Courts of Appeal below.

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