The Supreme Court of Canada will decide on whether the federal government can impose a carbon tax on the provinces. (Photo by THE CANADIAN PRESS)                                The Supreme Court of Canada is expected to clarify the limits of the nation’s rape-shield law. (Photo by THE CANADIAN PRESS)

The Supreme Court of Canada will decide on whether the federal government can impose a carbon tax on the provinces. (Photo by THE CANADIAN PRESS) The Supreme Court of Canada is expected to clarify the limits of the nation’s rape-shield law. (Photo by THE CANADIAN PRESS)

Six B.C. municipalities accepted as interveners in Supreme Court of Canada carbon-pricing case

Victoria, Vancouver, Squamish, Richmond, Nelson and Rossland have intervener status

Nelson and Rossland will be joining four other B.C. municipalities as interveners in a Supreme Court of Canada case on carbon pricing in the spring of 2020.

The two Kootenay cities, as well as Vancouver, Victoria, Squamish and Richmond, will ask the court to uphold the Federal Government’s Greenhouse Gas Pollution Pricing Act.

Earlier this year Saskatchewan sued the federal government over the imposition of a carbon tax and lost. The current case is Saskatchewan’s appeal to the Supreme Court of Canada.

The issue is whether the federal government can legally impose a carbon tax on provinces.

The municipal intervention was started by the Climate Caucus, which includes more than 200 councillors, mayors, and regional directors across Canada. Nelson city councillor Rik Logtenberg is the founder and chair of the caucus.

He told the Star that the interveners will argue that what is commonly called a “carbon tax” is actually not a tax but a regulatory charge that should be applicable to everyone because climate change affects everyone.

“We are making the case that given the nature of climate change… it clearly [should not be] targetted,” he said. “It is broadly applicable, not just the government trying to generate revenue.”

He said the intervention is also based on a section of the Constitution of Canada that states that the federal government may pass legislation to regulate behaviour in the interests of “peace, order, and good government.”

Vancouver lawyer Don Lidstone, who is the City of Nelson’s lawyer, will handle the case for the interveners pro bono (for no fee). But there will still be filing fees and other expenses to be covered. Nelson council has approved spending up to $2,000 on such expenses.

Rossland mayor Kathy Moore said in a news release that some people might ask how a small municipality can affect a big national issue.

“This is an issue that impacts all Canadians, whether we live in large urban centres or small rural communities,” she said. “We invite local governments across the country to pass motions supporting local government intervention in the Supreme Court of Canada carbon pricing case. We are stronger together.”

Nelson mayor John Dooley said in a news release that in 2007 his city signed on to the B.C. Climate Action Charter, and has since met or exceeded the targets.

“We believe there needs to be a national commitment to the reduction of carbon to meet the goals of a cleaner, more sustainable Canada,” Dooley said. “Implementing a fair price on carbon across all of Canada will create a level playing field and local governments will benefit from the federal carbon pricing scheme.”

Related:

• Saskatchewan, Ottawa carbon tax case ‘monumental’ for Constitution: expert

• Saskatchewan top court rules 3-2 federal carbon tax is constitutional



bill.metcalfe@nelsonstar.com

Like us on Facebook and follow us on Twitter

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Nikita, a four-year-old German Shepherd that was attacked by a buck in a backyard in Esquimalt Sunday is lucky the injury wasn't more severe. (Photo contributed by Suzette Goldsworthy)
Esquimalt dog owner issues alert after deer injures German shepherd

Nikita needed stitches after an early morning encounter

The Victoria Police Department headquarters. (Black Press Media file photo)
Investigation launched into man’s death after arrest in Victoria

IIO investigation to determine if police actions or inaction played a role in the man’s death

Capital Regional District Animal Control say an eight-month-old Rottweiler bit a Langford mother and her child near Glen Lake on Nov. 19. (Black Press Media file photo)
Large dog attacks mother and child in Langford

Mother puts three-year-old on top of car to protect him

(Black Press Media file photo)
Police arrest man covered in blood on heels of significant Saanich crash into woods

Resident calls in home invasion in progress after crash

Victoria School for Ideal Education at 2820 Belmont Avenue is the second school in Greater Victoria with an active confirmed COVID-19 exposure. (Travis Paterson/News Staff)
Private school becomes second Greater Victoria school with COVID-19 exposure

Victoria School for Ideal Education follows Lakeview Christian School in Saanich

People wearing face masks to help curb the spread of COVID-19 cross a street in downtown Vancouver, on Sunday, November 22, 2020. The use of masks is mandatory in indoor public and retail spaces in the province. THE CANADIAN PRESS/Darryl Dyck
B.C. reports 17 COVID deaths, 1,933 new cases as hospitalizations surge over the weekend

There are 277 people in hospital, of whom 59 are in ICU or critical care

An aerial shot of Cedar Valley Lodge this past August, LNG Canada’s newest accommodation for workers at the project site in Kitimat. This is where several employees are isolating after a COVID-19 outbreak was declared last Thursday (Nov. 19). (Photo courtesy of LNG Canada)
Forty-one positive COVID-19 cases associated with the LNG Canada site outbreak in Kitimat

Thirty-four of the 41 cases remain active, according to Northern Health

Workers arrive at the Lynn Valley Care Centre seniors home, in North Vancouver, B.C., on Saturday, March 14, 2020. It was the site of Canada’s first COVID-19 outbreak in a long-term care facility. THE CANADIAN PRESS/Darryl Dyck
Rapid tests ‘not a panacea’ for care homes, Dr. Bonnie Henry says

B.C. lacks capacity for daily tests of thousands of workers

(Delta Police Department photo)
Cannabis edibles found in Halloween bag lead B.C. police to illegal lab

Delta police arrested a man and a woman while executing a warrant at a residential property Nov. 20

A woman being arrested at a Kelowna Value Village after refusing to wear a mask on Nov. 22.(@Jules50278750/Twitter)
VIDEO: Woman arrested for refusing to wear mask at Kelowna Value Village

RCMP claims the woman was uncooperative with officers, striking them a number of times and screaming

B.C. Liberal MLA Shirley Bond questions NDP government ministers in the B.C. legislature, Feb. 19, 2020. (Hansard TV)
Cabinet veteran Shirley Bond chosen interim leader of B.C. Liberals

28-member opposition prepares for December legislature session

Motorists wait to enter a Fraser Health COVID-19 testing facility, in Surrey, B.C., on Monday, November 9, 2020. THE CANADIAN PRESS/Darryl Dyck
COVID-19: What do rising positivity rates mean for B.C.? It’s not entirely clear

Coronavirus cases are on the rise but the province has not unveiled clear thresholds for further measures

A rider carves a path on Yanks Peak Saturday, Nov. 21. Two men from Prince George went missing on the mountain the next day. One of them, Colin Jalbert, made it back after digging out his sled from four feet under the snow. The other, Mike Harbak, is still missing. Local search and rescue teams went out looking Monday, Nov. 23. (Sam Fait Photo)
‘I could still be the one out there’: Snowmobiler rescued, 1 missing on northern B.C. mountain

As Quesnel search and rescue teams search for the remaining rider, Colin Jalbert is resting at home

Most Read