Supreme Court ends uncertainty over constitutionality of federal carbon pricing framework

Legal Year in Review

In this article – “Supreme Court ends uncertainty over constitutionality of federal carbon pricing framework” – we review Canada’s federal carbon pricing regime and the history of its constitutional challenges through courts in Saskatchewan, Ontario, Alberta and eventually the Supreme Court. The Supreme Court’s final decision, which provides much-needed clarity on the government’s ability to impose a minimum price on carbon, favours “modern cooperative federalism” and stresses the need for a national approach in addressing the existential threat of climate change.

This article is authored by Richard J. King, who is a partner in Osler’s Regulatory, Environmental, Indigenous and Land Group; Jennifer Fairfax, a partner in the Litigation and Regulatory Groups; Jake Sadikman, a partner in the Commercial Group; Patrick G. Welsh, a partner in the Litigation and Regulatory Groups; and Isabelle Crew, an associate in the Litigation and Regulatory Groups.

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Our Legal Year in Review, published December 7, 2021, provides general information only and does not constitute legal or other professional advice. Specific advice should be sought in connection with your circumstances.

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