Federal Court rejects Manitoba's argument against carbon price backstop
The Manitoba government has lost a two-year-long court battle against the federal government's carbon pricing plan.
A Federal Court judge has rejected Manitoba's argument that Ottawa should not have imposed an escalating minimum price on carbon, because the province was planning its own emissions plan that could have been just as effective.
"The (Ottawa) decisions were consistent with the statutory purpose of reducing (greenhouse gas) emissions by putting a price on them," Justice Richard Mosely wrote in a judgment released Tuesday.
"The inclusion of Manitoba on the list (of provinces subject to federally imposed pricing) was consistent with the statutory purpose and the guideline of ensuring that emissions pricing is applied broadly in Canada."
Former Manitoba premier Brian Pallister planned to have a flat $25 per tonne price on carbon. That was lower than the federal figure, but Pallister said Manitoba deserved credit for billions of dollars spent on clean hydroelectric projects, which utility customers continue to pay for.
Ottawa brought in a "backstop" carbon price on provinces that did not develop a carbon-pricing or cap-and-trade plan that met or exceeded the federal one. Saskatchewan, Alberta and Ontario argued the federal government was interfering in provincial jurisdiction. The Supreme Court of Canada ruled last March that Ottawa was within its constitutional authority.
The Manitoba government continued with its more limited court argument that the federal government has no right to impose a carbon pricing plan in a province where one already exists to reduce emissions equally.
Pallister said Manitoba's emissions plan, which included wetlands improvements and subsidies for fuel efficiency in the trucking industry, could meet or exceed federal targets without imposing a high carbon tax.
The judge said not only was Manitoba's plan not enacted at the time of the court challenge, the province's math was wrong.
"Manitoba relies on a misreading of its own evidence," Mosley wrote.
"According to Manitoba's own evidence, Manitoba's plan is 76,000 tonnes of CO2 (equivalent) lesseffective in 2022 than a price in accordance with the (federal criteria)."
Pallister stepped down as premier last month. There was no immediate comment from the Progressive Conservative government.
This report by The Canadian Press was first published Oct. 26, 2021.
CTVNews.ca Top Stories
BREAKING Trump fined US$1,000 for gag order violation in hush money case as judge warns of possible jail time
The judge presiding over Donald Trump's hush money trial has fined him US$1,000 for violating his gag order and sternly warned the former president that additional violation could result in jail time.
The story of how a B.C. man found his birth mother
After his adopted parents died, Dave Rogers set out to learn more about his birth mother. DNA results and a little help from friendly strangers would put him on a path to a small town in England.
When grief and AI collide: These people are communicating with the dead
AI tools can offer recommendations, answer questions and 'talk' with users. But some users are using them to recreate the likeness of the dead.
Spike in 'violent rhetoric' since Oct. 7 attack from 'extremist actors,' CSIS warns
The Israel-Hamas war has led to a spike in 'violent rhetoric' from 'extremist actors' that could prompt some in Canada to turn to violence, the Canadian Security Intelligence Service warns.
Italy's white-collar mafia is making a business killing
Italy's mafia rarely dirties its hands with blood these days. Extortion rackets have gone out of fashion and murders are largely frowned upon by the godfathers.
WestJet, mechanics union agree to tentative deal to avoid strike
A potential strike between WestJet and its mechanics union appears to have been avoided.
Russia announces nuclear weapon drills after angry exchange with senior Western officials
Russia plans to hold drills simulating the use of battlefield nuclear weapons, the Defense Ministry announced Monday, days after the Kremlin reacted angrily to comments by senior Western officials about the war in Ukraine and Moscow warned that tensions with the West are deepening.
Summer forecast: What to expect as El Nino weakens
As Canadians brace themselves for summer temperatures, forecasters say a weakening El Nino cycle doesn’t mean relief from the heat.
Actor Bernard Hill, of 'Titanic' and 'Lord of the Rings,' has died at 79
Actor Bernard Hill, who delivered a rousing cry before leading his people into battle in 'The Lord of the Rings: The Return of the King' and went down with the ship as the captain in 'Titanic,' has died.