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

Blackfalds council meeting highlights – Oct. 8

Next regular council meeting is Oct. 22

Lacombe Rams can’t find offence against Notre Dame

28-3 loss sets up playoff game against either Lightning or Raiders

PODCAST: The Expert welcomes Jo(E) Social Media’s Joe Whitbread

Discussion focuses on the past, present and future of our social interactions online

Lacombe Chamber hosts election forum at LMC

LPC, CPC, PPC and NDP battle for Red Deer-Lacombe votes

NDP candidate for Red Deer-Lacombe committed to creating new green jobs

Lauren Pezzella says the country needs to diversify away from fossil fuels

WATCH: 6th Bill’s Trail Run welcomes over 450 runners

Run advocates for the use and upkeep of Lacombe’s trails

PHOTOS: Kipchoge becomes first runner to dip under 2 hours for marathon

Olympic champion and world record holder from Kenya clocks 1 hour, 59 minutes and 40 seconds

Mourners gather for slain teenager’s funeral in Hamilton, Ont.

Devan Bracci-Selvey’s obituary says he also had ‘a loving heart for animals’

1/3 of Canadian men won’t share their feelings for fear of being ‘unmanly’: report

Fifty-nine per cent of men said society expects them to be ‘emotionally strong and not show weakness’

Dog owners have reduced risk of dying from heart problems, says researcher

Researchers analyzed data on more than 3.8 million people taken from 10 studies

Winterhawks ice Rebels 5-0

Rebels take on Medicine Hat on the road Saturday night

Deceased adult male recovered from Battle River in Ponoka

Incident not considered suspicious by RCMP

Yukon declares climate emergency

Territory joins nearly 500 federal, provincial and municipal governments to do so in the last year

Final debate behind them, federal leaders begin sprints to Oct. 21 voting day

The final stretch in the federal election campaign has begun

Most Read