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The federal government's carbon tax has been ruled unconstitutional by the Court of Appeal of Alberta, on the grounds that it intrudes on provincial jurisdiction.
The 4-1 decision, released Monday, rejects Ottawa's argument that regulation of greenhouse gas emissions is an issue of national concern, citing the division of powers in the constitution that gives the provinces responsibility for non-renewal resources.
The majority opinion called the Greenhouse Gas Pollution Pricing Act "a constitutional Trojan horse" and that the national concern doctrine "is not a grand entrance hall into every head of provincial power."
Watch
Alberta Premier Jason Kenney talks about Teck decision LIVE
Jason Kenney addresses caucus on Teck Resources Ltd.'s announcement it will withdraw its plan to build a massive oilsands project 0:00
The ruling is seen as a victory by Alberta's governing United Conservative Party, which campaigned on a promise to challenge the federal carbon tax in court.
The Alberta Court of Appeal is the first provincial appeal court to rule against the legislation.
Appeal courts in Saskatchewan and Ontario upheld the law in split decisions.
Chief Justice Catherine Fraser, and Justices Jack Watson, Elizabeth Hughes and Thomas Wakeling were in the majority. Justice Kevin Feehan was the sole dissenting judge.
Fraser, Watson and Hughes wrote the majority opinion. Wakeling wrote a separate decision which concurred with the majority.
In a sequence of tweets Monday afternoon, Alberta 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."
The 4-1 decision, released Monday, rejects Ottawa's argument that regulation of greenhouse gas emissions is an issue of national concern, citing the division of powers in the constitution that gives the provinces responsibility for non-renewal resources.
The majority opinion called the Greenhouse Gas Pollution Pricing Act "a constitutional Trojan horse" and that the national concern doctrine "is not a grand entrance hall into every head of provincial power."
Watch
Alberta Premier Jason Kenney talks about Teck decision LIVE
- 54 minutes ago
- LIVE
Jason Kenney addresses caucus on Teck Resources Ltd.'s announcement it will withdraw its plan to build a massive oilsands project 0:00
The ruling is seen as a victory by Alberta's governing United Conservative Party, which campaigned on a promise to challenge the federal carbon tax in court.
The Alberta Court of Appeal is the first provincial appeal court to rule against the legislation.
Appeal courts in Saskatchewan and Ontario upheld the law in split decisions.
Chief Justice Catherine Fraser, and Justices Jack Watson, Elizabeth Hughes and Thomas Wakeling were in the majority. Justice Kevin Feehan was the sole dissenting judge.
Fraser, Watson and Hughes wrote the majority opinion. Wakeling wrote a separate decision which concurred with the majority.
In a sequence of tweets Monday afternoon, Alberta 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."
