The Supreme Court of Canada is expected to release its long awaited opinion regarding the constitutionality of the federal Greenhouse Gas Pollution Pricing Act (the “Act”), more commonly known as the carbon tax, late this week. Three courts of appeal have already opined on the Act, with a mixed record of 2-1 (courts) and 8-7 (judges) finding the Act constitutional.
In our earlier commentary on the opinion of the Alberta Court of Appeal, we briefly discussed some of the differences among the opinions of the Alberta Court of Appeal, the Court of Appeal for Ontario, and the Saskatchewan Court of Appeal. In anticipation of the forthcoming Supreme Court of Canada decision, we provide a primer in the chart below of the key differences among the opinions, illustrating some of the paths to a determination on constitutionality that the Supreme Court of Canada may take. Stay tuned for our forthcoming post-decision summary.
