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

Government-operated pot shop proposal for North Cowichan won’t be rushed

North Cowichan stands by decision to wait until second application received

Editorial: Tree protection bylaw for North Cowichan overdue

One of the things that the most desirable neighbourhoods often share in various communities is trees

Second annual Shawnigan Lake clean up day set for April 28

“Collective efforts DO make a difference!”

VIDEO: ‘A Night of Bowie’ brings the spirit of an iconic performer to Cowichan

Rock to funk, dance to ballad: Bowie’s music has it all

Lots of family fun as Mill Bay Centre holds its annual Easter Egg hunt at Brentwood College

A sunny morning, lots of chocolate eggs, and time with the family: winning combo at Mill Bay

What’s age got to do with it? B.C. couple with 45-year gap talks happy marriage

An Armstrong couple that has 45-year age gap began turning heads after being featured on show Extreme Love.

Coming up in Cowichan: Easter Eggspress; knitting workshops

Hop aboard the Easter Eggspress at the BCFDC The Easter Eggspress is… Continue reading

Should B.C. parents receive money if they make sure their kids are vaccinated?

New survey looks at public opinion around government’s role in forcing immunizations

Many teens unaware if they’re vaping nicotine or not

Health Canada survey finds many youth are unaware of the risks of using nicotine products

Defence accuses officer of ‘incompetence’ in trial for B.C. man accused in daughters’ murder

Double murder trial for the Victoria father accused of killing his two young daughters continues

‘Cutthroat’ sport of wine tasting happening in B.C.

BC Tasting Games are underway with competitions in three Okanagan communities.

Early data suggests no post-legalization spike in drug-impaired driving charges

Many police departments are prioritizing investigations related to drugs like fentanyl and methamphetamine

WATCH: South Vancouver Island shooting an ‘isolated and targeted’ incident, say police

One person in custody, another fled following shooting and crash on West Shore

Woe, Canada: Bruins down Maple Leafs 5-1 in Game 7

No Canadian teams left in Stanley Cup playoffs

Most Read