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

B.C. offers early retirement, training fund for forest workers

Communities eligible for $100,000 for permanent closures

First Nations given max compensation for Ottawa’s child-welfare discrimination

2016 ruling said feds didn’t give same funding for on-reserve kids as was given to off-reserve kids

Thompson Valley Players present Huntley Cooper Award

Thompson Valley Players youth representative Missy Kjellstrom had the honour of presenting… Continue reading

Lighting strikes hillside tree in Barriere

The town of Barriere experienced some lighting during the evening on Saturday,… Continue reading

VIDEO: Prosecutors to consider charges in human-caused 2017 B.C. wildfire

RCMP forwards results of its investigation into Elephant Hill fire to Crown counsel

Bear killed in Kimberley after chasing girl, wreaking havoc on town

This particular brown-coloured bear has been the subject of many calls this summer; very food habituated, CO says

Police investigate after intoxicated teens clash with security at B.C. fair

18-year-old woman arrested and RCMP looking at possible assault in Victoria-area fall fair incident

BC SPCA investigating after three dogs found shot dead in Prince George ditch

The three adult dogs appeared to be well cared for before being found with gunshot wounds, BC SPCA says

Boy overdosed on illicit anti-anxiety drug found on Kelowna classroom floor, RCMP say

Noah Mills, 8, ingested a pink powdery substance off his Kelowna classroom floor

Psychiatric assessment ordered for man accused in Salmon Arm church shooting

Lawyer tells court accused was diagnosed with psychosis hours after his arrest

Surrey mom allegedly paid $400,000 for son in U.S. college bribery scam

Xiaoning Sui, 48, was arrested in Spain on Monday night

Winnipeg student, killed in bus crash, remembered as passionate, kind

University of Victoria student Emma Machado, 18, was killed in the bus crash near Bamfield on Friday

B.C. land needed for Trans Mountain pipeline owned by man who died in 1922

Trans Mountain is looking for heirs so it can gain access to 500 square feet of land

Most Read