Trudeau Carbon Tax ruled Illegal in Alberta - CBC

The federal government's carbon tax has been ruled unconstitutional by the Court of Appeal of Alberta, on the grounds that it intrudes on provincial jurisdiction. 

The .. decision .. rejects Ottawa's argument that regulation of greenhouse gas emissions is an issue of national concern, citing the division of powers in the constitution that gives the provinces responsibility for non-renewable resources.

The majority opinion called the Greenhouse Gas Pollution Pricing Act "a constitutional Trojan horse."

It says the legislation contains no limits on the scope of the federal government's power. 

"What is authorized under the act indefinitely into the future and in the sole unfettered discretion of the executive is endlessly expansive," the decision says. "The executive's authority is also open-ended and largely subjective.

"Conspicuous for its breadth, the act allows the federal government to intrude further into more and different aspects of lawful daily life, both personal and business.

"Nor is there anything in the act limiting what the federal government can choose to levy in the future both on people and industry. The minimums of today are not the maximums of tomorrow."

.. The federal government imposed the tax after Kenney's UCP government repealed Alberta's own consumer carbon tax shortly after coming into power last spring. ...

"We expect the Government of Canada to comply with the order of the court today and to remove the federal carbon tax on Albertans," Kenney said. 

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