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
'A beautiful soul': Funeral held for baby boy killed in wrong-way crash on Highway 401
A funeral was held on Wednesday for a three-month-old boy who died after being involved in a wrong-way crash on Highway 401 in Whitby last week.
Police handcuff man trying to enter Drake's Toronto mansion
Toronto police say a man was taken into custody outside Drake's Bridle Path mansion Wednesday afternoon after he tried to gain access to the residence.
Biden says he will stop sending bombs and artillery shells to Israel if they launch major invasion of Rafah
U.S. President Joe Biden said for the first time Wednesday he would halt shipments of American weapons to Israel, which he acknowledged have been used to kill civilians in Gaza, if Prime Minister Benjamin Netanyahu orders a major invasion of the city of Rafah.
U.S. presidential candidate RFK Jr. had a brain worm, has recovered, campaign says
Independent U.S. presidential candidate Robert F. Kennedy Jr. had a parasite in his brain more than a decade ago, but has fully recovered, his campaign said, after the New York Times reported about the ailment.
Ontario Provincial Police arrest 64 suspects in child sexual exploitation investigation
Ontario Provincial Police say 64 suspects are facing a combined 348 charges in connection with a series of child sexual exploitation investigations that spanned the province.
Pfizer agrees to settle more than 10K lawsuits over Zantac cancer risk: Bloomberg News
Pfizer has agreed to settle more than 10,000 lawsuits about cancer risks related to the now discontinued heartburn drug Zantac, Bloomberg News reported on Wednesday, citing people familiar with the deal.
Quebec premier defends new museum on Quebecois nation after Indigenous criticism
Quebec Premier Francois Legault is defending his comments about a new history museum after he was accused by a prominent First Nations group of trying to erase their history.
Blind Sask. boy heading to international braille competition hopes to increase accessibility for visually impaired
A Saskatchewan boy who qualified for an international braille competition in Los Angeles next month hopes he can inspire change in his home province.
'A step forward': New screening criteria for sperm donors takes effect
Canadians looking to grow their families with the assistance of sperm or egg donations should soon have more options for donors as the federal health agency does away with longstanding restrictions criticized as discriminatory.