The Saskatchewan Court of Appeal has ruled that the federal government’s forced carbon tax on Saskatchewan and other provinces is constitutional, which means that we’re stuck with this ineffectual measure to fight climate change. For now.
But this fight is just beginning. The appeal court’s decision was 3-2 in favour of the carbon tax, hardly a slam dunk for the federal government.
Nobody should be surprised that the Court of Appeal ruled in favour of the feds. While Saskatchewan’s government made a compelling argument against the carbon tax, the feds’ argument that emissions don’t follow provincial boundaries will be very hard to rule against.
Once the appeals court ruled with a slim majority, you knew the provincial government would appeal to the Supreme Court. Even if it would have been a unanimous ruling in favour of Prime Minister Justin Trudeau and the federal government, the Sask. Party was going to continue to fight, and have the support of the vast majority of Saskatchewan residents.
Had the Saskatchewan Appeals Court been unanimous, then it would have been tough for the other provinces to continue fighting this good fight.
Since the Saskatchewan Court of Appeal has ruled in favour of the federal government, it forces the provinces to change their arguments. And since it was so close, it also forces the feds to adapt their case.
It will be interesting to see what happens next.
The fight against the carbon tax has likely been Premier Scott Moe’s biggest achievement in his 15 months as premier. It wasn’t going to be easy being the guy who had to fill the shoes of Brad Wall; on the carbon tax fight, Moe has done so admirably.
He’s not as engaging or as dynamic of a speaker as Wall, but you can’t say Moe has represented a big step back from Wall when it comes to standing up for Saskatchewan people, jobs and industries.
Moe had to fight the carbon tax. When you consider the impact that the carbon tax would have on mining, agriculture and the oil and gas sectors, the government had to fight with everything they had.
At first, it was a lonely battle. None of the other provinces were willing to join Saskatchewan in taking on Trudeau’s carbon tax. But then Manitoba did. And thanks to changes in government in Ontario, New Brunswick and Alberta, half the provincial governments in the country are now in this together.
This fight is far from over. If the Liberals remain in power, it’s going to continue for years to come.
And that is the other noteworthy element of this story. We’re five months away from the next federal election. If you believe the polls, then the Liberals are on the verge of a precipitous fall from power.
In October 2015, they were elected to a majority government. Now they’re lagging behind the Conservatives in the polls.
Bad budgeting, public relations gaffes and an inability to cope with scandals have put the Liberals on the cusp of being associated with the most damning statement in politics: a one-term government.
They seem intent on making the carbon tax one of the big issues of the election. Climate change will be a big issue, but you can reduce emissions without a carbon tax.
Electors in four of the six most populous provinces have elected provincial governments that want nothing to do with a carbon tax.
If the Liberals want to make the carbon tax an election issue, it’s a fight they are at risk of losing.
Saskatchewan’s appeal might never make it to the Supreme Court, if the Tories win the next election.
