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Is it constitutional? A primer on the discord between provincial appellate courts on the constitutionality of the Greenhouse gas pollution pricing act

By Gord Tarnowsky and Dina Awad
March 24, 2021
  • Energy
  • Environmental Litigation
  • Regulatory
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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.

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Alberta, Carbon tax, energy, environment, environmental, Greenhouse gas pollution pricing act, Ontario, Saskatechewan, SCC decision
Gord Tarnowsky

About Gord Tarnowsky

As a co-leader of the Canada Region Litigation and Dispute Resolution group in Calgary, Gord’s practice focuses on the resolution of corporate, commercial and energy industry disputes. He is the past National Chair and Calgary Leader of the Firm's Alternative Dispute Resolution Group.

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Dina Awad

About Dina Awad

Dina Awad is a partner in Dentons’ Litigation and Dispute Resolution group. Dina specializes in complex regulatory and commercial matters with a focus on environmental law, health law, and commercial disputes where she provides advocacy, risk analysis, and compliance advice. Her public law experience also includes work in the field of professional regulation. Dina is committed to the success of our clients and cases; she thoroughly reviews and strategizes each piece of evidence to resolve disputes in our clients’ best interests.

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