Derek H. Burney: Supreme Court verdict on carbon tax more political than judicial

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If jurists prefer to make policy rather than interpret law, they might consider disposing of their red robes and running for public office

The Supreme Court of Canada ruled 6-3 that the federal government's carbon tax is Constitutional, overriding provincial opposition.In a 6-3 verdict the Supreme Court upheld the federal government’s carbon tax and rejected challenges from several provinces whose combined population is roughly 80 per cent of Canada’s total. The ruling that the carbon tax is constitutional seems more political than judicial.

Curiously, Chief Justice Wagner wrote that “federal jurisdiction is necessitated by the provinces’ inability to address the matter as a whole through co-operation.” If invoked more broadly that attitude would obviate the need for debate, let alone negotiation between Ottawa and the provinces. Accommodation is often cited as the genius of Canada’s confederation but, to succeed, it requires astute political leadership, not arbitrary judicial interpretations.

Agreeing with Brown, Justice Rowe added that the federal government is “wrongly using the ‘national concern’ doctrine to justify exercising jurisdictional power not explicitly granted to it in the Constitution.

Tor anyone whose income is highly vulnerable to fuel prices, the increases could jeopardize their livelihoods

 

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Typical National Post

The colonial trainwreak of a legal system is run by overformalistic art students with a monopoly on law that they have ruthlessly exploited for profit to the detriment of justice.

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