The Court of Appeal for Saskatchewan has released its opinion
regarding the constitutionality of the Greenhouse Gas Pollution
Pricing Act, SC 2018, c 12 s. 187 (the "Act), the
Government of Canada's federal carbon tax regime.
The 5 member panel of the Court of Appeal, which heard the case
as a reference case initiated by the Attorney General of
Saskatchewan, split 3-2 on the question of whether the Act was
unconstitutional in whole or in part.
The majority of 3 justices determined that the Act was not
unconstitutional, concluding that the Act fell with the
"national concern" branch of the Government of
Canada's power to make laws for the peace, order, and good
government of Canada found in the preamble to s. 91 of the
Constitution Act, 1867 (the "POGG power").
