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Supreme Court [of Canada] rules Ottawa's carbon tax is constitutional
CBC ^ | March 25, 2021 | John Paul Tasker

Posted on 03/25/2021 11:58:02 AM PDT by Stravinsky

In a 6-3 decision, the Supreme Court of Canada has ruled the federal Liberal government's carbon pricing regime is constitutional — a major decision that allows Ottawa to push ahead with its ambitious plan to ensure every province and territory has a price on carbon to curb greenhouse gas emissions.

Some provinces — notably Alberta, Ontario and Saskatchewan — have forcefully opposed the carbon tax, arguing natural resources are in the provinces' jurisdiction under the Constitution.

Chief Justice Richard Wagner, writing for the majority, said the federal government is free to impose minimum pricing standards because the threat of climate change is so great that it demands a co-ordinated national approach.

He agreed with the federal government's argument that climate change is a pressing matter of national concern and said it's constitutionally permissible for Ottawa to take the lead on a threat that crosses provincial boundaries.

"Climate change is real. It is caused by greenhouse gas emissions resulting from human activities, and it poses a grave threat to humanity's future," Wagner wrote.

...

Ottawa has tried to justify constitutionally questionable laws in the past by citing the POGG clause. It has succeeded in few of those cases because the Supreme Court tends to defer to the division of powers set out in sections 91 and 92 of the Constitution Act, 1867.

In this case, Wagner said, invoking POGG is justified.

The POGG doctrine applies when there is a "provincial inability to deal with the matter" and where the "failure of one or more provinces to co-operate would prevent the other provinces from successfully addressing it."

If Canada's Parliament was blocked from addressing emissions in any way, Wagner said, "irreversible harm would be felt across the country," especially in communities and regions most vulnerable to the effects of global warming.

(Excerpt) Read more at cbc.ca ...


TOPICS: Canada; News/Current Events
KEYWORDS: canada; canadasupremecourt; climatechange

1 posted on 03/25/2021 11:58:02 AM PDT by Stravinsky
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To: Stravinsky
Canada's liberals celebrate!


2 posted on 03/25/2021 12:00:41 PM PDT by Seruzawa (TANSTAAFL)
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To: Stravinsky

no surprise from a completely politicized “Court”.

“Chief Justice Richard Wagner, writing for the majority, said the federal government is free to impose minimum pricing standards because the threat of climate change is so great that it demands a co-ordinated national approach.”

Joke is, if in the future climate warming is shown to be completely bogus, the Fed gov’t will still retain this power.


3 posted on 03/25/2021 12:01:34 PM PDT by Reverend Wright ( Everything touched by progressives, dies !)
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To: Stravinsky

Even if it were true that the carbon tax really is 100% compliant with the Canadian Constitution, that fact has exactly zero basis on whether it would be constitutional under the US Constitution, given that the two are actually different documents. (Breaking news, I know.)


4 posted on 03/25/2021 12:04:42 PM PDT by coloradan (They're not the mainstream media, they're the gaslight media. It's what they do. )
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To: Stravinsky

This opens up the field for the socialita Trudites to tax anything, your shit and even sex.

Be prepared for further meter installation by the liberal socialists of Canada.

And do not ask for any off-sets either.

These smug liberal socialists know how to spend your money better than you do , you ignorant plebs!

Alberta will just leave its oil in the ground until the county abandons this socialist foolishness.


5 posted on 03/25/2021 12:04:51 PM PDT by Candor7 ((Obama Fascism:http://www.americanthinker.com/2009/05/barack_obama_the_quintessentia_1.html) )
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To: Reverend Wright

Of all countries on earth that would benefit from global warming, Canada is probably #1.

Fortunately there isn’t a big carbon footprint involved in bootlegging Canadian maple syrup.


6 posted on 03/25/2021 12:05:25 PM PDT by monkeyshine (live and let live is dead)
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To: Stravinsky

I will be selling carbon credits in Canada. For a small handling fee.


7 posted on 03/25/2021 12:10:14 PM PDT by outpostinmass2 (Y)
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To: coloradan

Our constitution is irrelevant if the USSC is willing to make their decisions based upon how the courts in other countries are ruling — which the leftist activist judges have already said should be a part of their decision-making process.

Their enabling and abetting of the theft of the 2020 election should be proof enough that, after the leftist congress passes a carbon tax, the USSC will approve it (just as they did abortion, same-sex marriage, and the requirement that citizens purchase healthcare).


8 posted on 03/25/2021 12:22:52 PM PDT by Ghost of Philip Marlowe (Prepare to survive.)
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To: Stravinsky; -YYZ-; GMMAC; fanfan; Former Proud Canadian; USFRIENDINVICTORIA; rickmichaels; ...

As somebody outside of Canada, I would humbly recommend amending the Canadian Constitution to dump or restrict the “POGG” clause. It seems, just like our own Supremacy Clause (USA), it is being abused by the Capitol.

But since I’m American, I won’t lift a finger. It’s up to Canadians. :-)

Oh, and Global Warming PING!


9 posted on 03/25/2021 12:38:53 PM PDT by Tolerance Sucks Rocks (GOP-free since 10/9/20)
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To: Ghost of Philip Marlowe

And they will use our Supremacy clause in part to justify their ruling, even though that clause is presumably limited by what the federal government is empowered to do in Article I, Section 8 and various Amendments.


10 posted on 03/25/2021 12:40:10 PM PDT by Tolerance Sucks Rocks (GOP-free since 10/9/20)
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Coming to a supreme court near you.


11 posted on 03/25/2021 12:40:52 PM PDT by DoughtyOne (The Republican Party is dead. Long live the Founders Party.)
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To: Stravinsky

You need to head for the Elysian fields and Soylent Green factories because you cannot pay your breathing tax.


12 posted on 03/25/2021 2:05:39 PM PDT by AndyJackson
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To: AndyJackson

The SCC made this finding of “climate change is real” without any evidence. The provinces challenging the federal tax conceded the point and no evidence was required. You can’t win when you tie your own hands. The small bit of provincial autonomy that remained has now disappeared. Canada is now effectively a unitary state where everything of importance is mandated by the central government. It’s what the Democrats want for America. The neutering of Red Stares.


13 posted on 03/25/2021 2:46:18 PM PDT by littleharbour ("You take on the intel community they have six ways from Sunday at getting back at you" C. Schumer)
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To: Candor7

Next up—the Unicorn tax.

Lefties declare everyone has one hiding in their basement, and taxes per Unicorn!


14 posted on 03/25/2021 2:53:31 PM PDT by cgbg (A kleptocracy--if they can keep it. Think of it as the Cantillon Effect in action.)
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To: Stravinsky
"Climate change is real. It is caused by greenhouse gas emissions resulting from human activities, and it poses a grave threat to humanity's future," Wagner wrote.

How many mansions does he own?

15 posted on 03/25/2021 2:57:22 PM PDT by Libloather (Why do climate change hoax deniers live in mansions on the beach?)
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To: cgbg

The liberal socialists will mandate that Umnicorns exist in every pones basement, then having mastered that aspect of existence, they will proceed to tax everybody on the length of the Unicorn horn in each case calculated by some arcane formulae concerning the law of averages, horn growth in similar animals and an logarithm designed by Bill Gates.

It all can be so real at the drop of an ideological fart.

They no so much better than you how to spend your money...SUCKERS!

Canada truly needs a revolution.


16 posted on 03/25/2021 4:28:30 PM PDT by Candor7 ((Obama Fascism:http://www.americanthinker.com/2009/05/barack_obama_the_quintessentia_1.html) )
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