At issue is Liberal government legislation that kicked in on April 1 imposing a charge on gasoline and other fossil fuels as well as on industrial polluters
TORONTO — The federal and Ontario governments are set to square off in the province’s top court this week over Ottawa’s climate change law in a fight experts say is as much political and ideological as it is legal.
Like Saskatchewan did recently — a decision there is pending — the Ontario government is asking its Court of Appeal to decide whether the federal law is constitutional. The intricate legal arguments, set against the backdrop of what many scientists say is one of the most urgent issues of our time, global warming, are arcane. They turn on interpretation of the Constitution Act of 1867, and its division of powers between the federal and provincial governments.
For its part, the federal government insists it is responding appropriately to an issue of national concern — climate change. The legislation, the government says, aims to “fill in the gaps” where provincial measures aren’t up to snuff. “The carbon tax is the worst tax ever. Bar none,” Ford has said. “The carbon tax will make no difference to the environment.”
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