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ARTICLE · 05 APRIL 2021

Supreme Court Upholds Greenhouse Gas Pollution Pricing Act

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The Supreme Court of Canada has released its decision in the Reference Re: Greenhouse Gas Pollution Pricing Act.

CanadaEnvironment
Yael Bienenstock
Yael Bienenstock
Andrew Bernstein
Andrew Bernstein
Tyson Dyck
Tyson Dyck
Dennis Mahony
Dennis Mahony
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The Supreme Court of Canada has released its decision in the Reference Re: Greenhouse Gas Pollution Pricing Act. The Court's four decisions (one for the majority, with three dissents) raise numerous issues relating to federal powers to regulate greenhouse gasses, the future of federal environmental regulation, and even the mechanisms of cooperative federalism. As a result, it is one of the most consequential Supreme Court decisions in recent memory.

What you need to know

  • The Supreme Court of Canada has upheld the Greenhouse Gas Pollution Pricing Act  as a valid exercise of Parliament's power to make laws for the “Peace, Order and Good Government” (POGG) of Canada.
  • The Supreme Court has re-articulated the “national concern” branch of the POGG clause in a way that allows Parliament to enact legislation with respect to matters that were previously categorized as provincial in nature.

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