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

Easter family fun in Castor!

PALS Park was a hub of activity on April 20th

The Beaverdome Renovations are complete, and the project came in nearly on budget

The renovation was brought before council one more time during the April 8th meeting

Lending a helping hand

Presentation to the Castor Foodbank was made on April 17th

OPINION: Jason Kenney won by portraying himself as the Guardian of Alberta

How did Kenney do it? He never considered himself an opposition leader and didn’t pretend to be one.

Kenney talks pipelines with Trudeau after election win, calls it cordial

Almost a year ago Kenney dismissed Trudeau as a dilettante and a lightweight

VIDEO: Police dog in Oregon struck by 200 porcupine quills during pursuit

The German shepherd had to be sedated and was in treatment for more than two hours

Robbery in Leduc County estimated at $40,000

Leduc RCMP investigate break and enter and theft of firearms

Singh says childhood abuse steeled him for scrutiny and stress of politics

He recounts the assaults for the first time in his book Love & Courage

Despite five extra weeks’ parental leave in Canada, dads still face stigma: survey

One reason people said dads don’t need leave is because they can just bond with their kids at weekend

Calgary’s public school board responds to Syrian child’s suicide after bullying

Amal Alshteiwi, a newcomer to Canada from Syria, took her own life several weeks ago

Child, 11, accidentally shot in the chest at Alberta religious colony

Child taken from Hutterite colony to nearby hospital

Woman in critical condition after motorcycle crash on Edmonton highway

Police say both women were thrown from the bike, and the van continued forward, hitting a Nissan Altima

Ceremonies, vigils planned in Toronto to honour victims of deadly van attack

Many of those who helped that day — first responders and Good Samaritans alike — still affected

New study suggests oilsands greenhouse gas emissions underestimated

New study is the first to use actual field measurements taken from aerial overflights, or top-down measurements

Most Read