Feds could tell you when to drive if carbon price law stands, court told

Ontario’s constitutional challenge against the federal government gets underway

The federal government will end up with the power to regulate almost every facet of life — such as when you can drive or where you can live — if its law aimed at curbing harmful greenhouse gas emissions is allowed to stand, Ontario’s top court heard Monday.

Ottawa’s climate-change law is so broad, a lawyer for the province told the start of a four-day Appeal Court hearing, that it would give the federal government powers that would be destabilizing to Canada in the name of curbing the cumulative effects of global-warming emissions.

READ MORE: B.C. carbon tax up April 1, other provinces begin to catch up

“They could regulate where you live. How often you drive your car,” Josh Hunter told the five-justice panel. “It would unbalance the federation.”

In his submissions, Hunter was categorical that Ontario’s constitutional challenge to the federal Greenhouse Gas Pollution Pricing Act was not intended to be a debate on the realities or dangers of global warming. What’s at stake, he said, is which level of government has the power to deal with the problem.

“Which measure is the best measure — the most efficient measure — is best left for legislatures to decide,” Hunter said. “Which legislature? That’s what we’re here to decide.”

The federal government law that kicked in on April 1 imposed a charge on gasoline and other fossil fuels as well as on industrial polluters. The law applies only in those provinces that have no carbon-pricing regime of their own that meets national standards — Ontario, Manitoba, Saskatchewan and New Brunswick.

The Liberal government, which is due to make its submissions on Tuesday, insists its law is an appropriate response to the nationally important issue of climate change. It maintains the legislation was designed to “fill in the gaps” where provincial measures aren’t up to snuff. The aim, the government says, is to cajole people into changing their behaviour.

The federal law, Hunter also said, puts a “tax” on ordinary people every time they drive to work or heat their homes, which he said was too much of a burden.

As the justices pointed out, Ottawa is promising to return the money it collects to people in the affected provinces to offset the charge.

Hunter, however, said the rebates — via the federal climate action incentive — flow to everyone in the impacted province regardless of whether they drive at all, for example.

“It’s not just that you get back what you give,” he said.

Progressive Conservative Premier Doug Ford insists Ontario can curb greenhouse gas emissions on its own and has already taken significant steps to do so.

Those steps, Hunter told the court, include shutting down coal-fired power plants — a measure in fact taken by the previous Liberal government — which has sharply reduced the province’s harmful emissions.

“Ontario is further ahead than all the other provinces,” Hunter said. “(But) none of those (steps) count towards determining whether Ontario has a stringent plan.”

In addition, he said, the province is developing a “made-in-Ontario environmental plan” that is still under consideration.

Fourteen interveners, including provinces such as Saskatchewan and B.C., Alberta Conservatives, Indigenous organizations who point out they are acutely vulnerable to global warming, as well as business and environmental groups, will get their say over the course of the hearing.

Colin Perkel, The Canadian Press

Like us on Facebook and follow us on Twitter

Just Posted

Maritime Museum project receives legacy grant

A special project of the Dixon Entrance Maritime Museum Society has been… Continue reading

Richardson Ranch celebrating 100 years of family and ranching in Haida Gwaii

Tlell Polled Hereford’s continue to win awards while the ranch becomes a popular spot for visitors

Indigenous voices finally heard with final MMIWG report, says Northwest B.C. advocate

The report contains more than 200 recommendations to multiple levels of government

Sustainble economy flourishing in Haida Gwaii and Great Bear Rainforest thanks to First Nations investments

From 2008-2018, funding initiatives led to more than $286 million in new investments

New exhibit at Haida Gwaii Heritage Centre, Kay Llnagaay

Ubiquitous Cocoons: My metamorphosing life by Kathy Pick will be running until Sept. 1, 2019

First ever Nisga’a mortuary totem pole unveiled in Prince Rupert cemetery on Father’s Day weekend

The pole was unveiled at Fairview Cemetery in honour of the late Robert Tait, renowned carver

Victoria mom describes finding son ‘gone’ on first day of coroners inquest into overdose death

Resulting recommendations could change handling of youth records amidst the overdose crisis

Dash-cam video in trial of accused cop killer shows man with a gun

Footage is shown at trial of Oscar Arfmann, charged with killing Const. John Davidson of Abbotsford

Suicide confirmed in case of B.C. father who’d been missing for months

2018 disappearance sparked massive search for Ben Kilmer

Eight U.S. senators write to John Horgan over B.C. mining pollution

The dispute stems from Teck Resources’ coal mines in B.C.’s Elk Valley

Threats charge against Surrey’s Jaspal Atwal stayed

Atwal, 64, was at centre of controversy in 2018 over his attendance at prime minister’s reception in India

Anti-vaxxer Robert F. Kennedy Jr. to speak in Surrey

He’s keynote speaker at Surrey Environment and Business Awards luncheon by Surrey Board of Trade Sept. 17

Otters devour 150 trout at Kootenay hatchery

The hatchery has lost close to 150 fish in the past several months

B.C. church’s Pride flag defaced for second time in 12 days

Delta’s Ladner United Church says it will continue to fly the flag for Pride month

Most Read