Alberta will ask the province’s Court of Appeal to rule on the constitutionality of the federal carbon tax.
Last week, federal Environment Minister Catherine McKenna said the federal carbon tax will come into effect in Alberta starting Jan. 1, now that the Alberta tax no longer exists.
Justice Minister Doug Schweitzer said Thursday that Alberta plans to argue McKenna’s plan constitutes an overreach of federal authority and imposes a one-size-fits-all solution that doesn’t work for every province.
“It is important that the Government of Alberta is able to provide comprehensive evidence to our Court of Appeal that is within our constitutional right to manage our affairs in a manner that is consistent with our own circumstances,” he said.
“And that includes the regulation of greenhouse gas emissions.”
The government will file its full legal arguments once the Court of Appeal confirms a date for a hearing.
Schweitzer said the earliest date for a hearing is in October. The case will cost about $300,000, he said.
Saskatchewan’s Court of Appeal rejected similar arguments from the Government of Saskatchewan last month. Saskatchewan is asking the Supreme Court for leave to appeal.
Schweitzer declined to say how Alberta’s case will differ from the arguments offered by Saskatchewan, saying the government lawyers will file a full legal brief at a later date.