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

District of Elkford celebrates grand opening of new municipal office

Submitted District of Elkford The District of Elkford has officially begun serving… Continue reading

GALLERY: Fernie hosts mine rescue competition

Fording River, Line Creek mine rescue teams off to provincials after placing first and second

Fernie beer named Canada’s best pale ale

Fernie Brewing Company’s Campout West Coast Pale finishes first at the Canadian Brewing Awards

Cannabis yoga a budding trend in Fernie

Yoga studio, cannabis educator team up to offer Fernie’s first cannabis yoga classes from May 17

Sparwood’s Momma Di a mother to many

The Free Press competition winner revealed; plus Mother’s Day around the Valley

‘Teams that win are tight’: B.C. Lions search for chemistry at training camp

The Lions added more than 50 new faces over the off-season, from coaching staff to key players

Man facing 12 charges after fleeing from Cranbrook, Elk Valley RCMP

A man is facing 12 charges after fleeing from police in Cranbrook… Continue reading

Growing wildfire prompts evacuation of High Level, Alta.

Chuckegg Creek fire has been burning for several day, but grew substantially Sunday

Top women’s hockey player Natalie Spooner coming to B.C.

Natalie Spooner special guest at annual Grindstone charity weekend in Kelowna

Take-home drug testing kits latest pilot to help curb B.C.’s overdose crisis

Researchers look to see if fentanyl testing could be a useful tool for those who use drugs alone

UPDATE: Aggressive coyote moves to Sparwood

Residents urged not to feed or approach the animal

City of Fernie to hold referendum for multi-purpose centre loan

Council opts for assent voting after petition calling for a referendum garners over 500 signatures

Facebook takes down anti-vaxxer page that used image of late Canadian girl

Facebook said that the social media company has disabled the anti-vaccination page

Search crews rescue kids, 6 and 7, stranded overnight on Coquitlam mountain

Father and two youngsters fall down a steep, treacherous cliff while hiking Burke Mountain

Most Read