Court of Appeal of Saskatchewan: Federal Carbon Tax Constitutional


Saskatchewan's Court of Appeal has ruled in a split decision that a the federal carbon tax is constitutional. The Saskatchewan Party government had asked the court for its opinion on the levy that came into effect April 1 in provinces without a carbon price of their own.  Since the decision was issued from an Appeal Court, the doctrine of stare decisis requires other Court of Appeals in Canada to follow the Saskatchewan Court of Appeal decision as a binding precedent.  In other words, the Ontario Court of Appeal should also be issuing a decision finding against Doug Ford's position that the federal carbon tax is unconstitutional.  Saskatchewan Premier intends on appealing the Saskatchewan Court of Appeal's decision before the Supreme Court of Canada.  Why Ontario and other provinces are pursuing their Appeal on the issue when Saskatchewan is already well underway with legal proceedings dealing with the same issue remains a mystery.  In principle, the government of Ontario should wait for the government of Saskatchewan to bring its appeal to the Supreme Court of Canada before wasting any further resources towards what is clearly a lost cause.

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