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Alberta Court of Appeal Determines Greenhouse Gas Pollution Pricing Act Unconstitutional

In opposition to the Saskatchewan (SKCA) and Ontario (ONCA) Courts of Appeal, a majority in the Alberta Court of Appeal (ABCA) found the federal Greenhouse Gas Pollution Pricing Act (GGPA) unconstitutional.


The primary source of contention in the GGPA are provisions allowing federal input if a province or territory does not develop a Greenhouse Gas (GHG) reduction program that meets the standards within the Act. Most opponents of the Act maintain this is not a Climate Change issue, it is a matter of jurisdictions having the power to regulate the natural resources within their jurisdiction.


This decision may affect how Saskatchewan and Ontario approach their appeals in the Supreme Court - both are expected to cite the Alberta decision in their arguments. The ABCA’s decision will be confirmed or overturned when the Supreme Court of Canada addresses the appeals filed by the SKCA and ONCA on March 24 and 25.