A Trojan Horse at the gates: Alberta Court of Appeal finds federal carbon tax unconstitutional

The Attorney General of Canada defended the constitutionality of the Act on one basis only; namely, that it falls within the “national concern” doctrine of Parliament’s POGG power. Canada characterized the matter of national concern as “establishing minimum national standards that are integral to reducing Canada’s nationwide GHG emissions.” The Attorney General of Canada was supported by the Attorney General of British Columbia, Climate Justice Saskatoon, Athabasca Chipewyan First Nation, Assembly of First Nations, Canadian Public Health Association, the International Emissions Trading Association and the David Suzuki Foundation.