When Saskatchewan launched its constitutional challenge of Ottawa’s carbon tax, the usual suspects in academe and the media contemptuously dismissed it as lacking any legal merit. While a 3-2 majority on Saskatchewan’s Court of Appeal last week ruled the carbon tax lies within federal powers, dissenting Justices Ralph Ottenbreit and Neal Caldwell argued powerfully that it violates the Constitution in several clear ways. For a total no-hoper, Saskatchewan’s case is showing surprising legs. With challenges in other provinces underway and an appeal to the Supreme Court of Canada pending, Ottawa might just be sweating bullets.
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