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Is it constitutional? A primer on the discord between provincial appellate courts on the constitutionality of the Greenhouse Gas Pollution Pricing Act

By Dina Awad and David P. Konkin
March 24, 2021
  • Energy
  • Environmental
  • Regulatory
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The Supreme Court of Canada is expected to release its long awaited opinion regarding the constitutionality of the federal Greenhouse Gas Pollution Pricing Act (the “Act”), more commonly known as the carbon tax, late this week. Three courts of appeal have already opined on the Act, with a mixed record of 2-1 (courts) and 8-7 (judges) finding the Act constitutional.

In our earlier commentary on the opinion of the Alberta Court of Appeal, we briefly discussed some of the differences among the opinions of the Alberta Court of Appeal, the Court of Appeal for Ontario, and the Saskatchewan Court of Appeal. In anticipation of the forthcoming Supreme Court of Canada decision, we provide a primer in the chart below of the key differences among the opinions, illustrating some of the paths to a determination on constitutionality that the Supreme Court of Canada may take. Stay tuned for our forthcoming post-decision summary.

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Dina Awad

About Dina Awad

Dina Awad is a partner in our Litigation and Dispute Resolution group. Her practice encompasses a variety of complex regulatory and commercial matters with a focus on advocacy, risk analysis, and compliance advice in matters including environmental law, health law, commercial disputes, extraordinary remedies, and franchise law.

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David P. Konkin

About David P. Konkin

David is an associate in Dentons’ Litigation and Dispute Resolution practice group, focusing on all manner of business-related litigation including commercial and corporate disputes, regulatory appeals, fraud and anti-corruption/bribery. David also provides advice on litigation related aspects of large transactions.

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