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ARTICLE · 11 JULY 2019

Federal Carbon Tax Constitutional

Siskinds LLP
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Today, Ontario's Court of Appeal found that the Federal Government's Carbon scheme is constitutional, "regulatory in nature", and "not a tax."

CanadaLitigation, Mediation & Arbitration
Paula Lombardi
Paula Lombardi
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The Honourable Strathy, Chief Justice of Ontario, wrote that the Act1 "is within Parliament's jurisdiction to legislate in relation to matters of 'national concern' under the 'Peace, Order, and good Government' ('POGG') clause of s. 91 of the Constitution Act, 1867" (para 3).

In making its determination the Court of Appeal noted "With the longest coastline in the world, high altitude areas where warming is amplified, and significant Arctic territory, Canada has been disproportionately impacted by global warming.  In the Canadian Arctic, for instance, the rate of warming has been even higher than in southern parts of Canada, estimated at three times the global rate."  (para 10).

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