The Supreme Court of Canada will decide on whether the federal government can impose a carbon tax on the provinces. (Photo by THE CANADIAN PRESS) The Supreme Court of Canada is expected to clarify the limits of the nation’s rape-shield law. (Photo by THE CANADIAN PRESS)

Six B.C. municipalities accepted as interveners in Supreme Court of Canada carbon-pricing case

Victoria, Vancouver, Squamish, Richmond, Nelson and Rossland have intervener status

Nelson and Rossland will be joining four other B.C. municipalities as interveners in a Supreme Court of Canada case on carbon pricing in the spring of 2020.

The two Kootenay cities, as well as Vancouver, Victoria, Squamish and Richmond, will ask the court to uphold the Federal Government’s Greenhouse Gas Pollution Pricing Act.

Earlier this year Saskatchewan sued the federal government over the imposition of a carbon tax and lost. The current case is Saskatchewan’s appeal to the Supreme Court of Canada.

The issue is whether the federal government can legally impose a carbon tax on provinces.

The municipal intervention was started by the Climate Caucus, which includes more than 200 councillors, mayors, and regional directors across Canada. Nelson city councillor Rik Logtenberg is the founder and chair of the caucus.

He told the Star that the interveners will argue that what is commonly called a “carbon tax” is actually not a tax but a regulatory charge that should be applicable to everyone because climate change affects everyone.

“We are making the case that given the nature of climate change… it clearly [should not be] targetted,” he said. “It is broadly applicable, not just the government trying to generate revenue.”

He said the intervention is also based on a section of the Constitution of Canada that states that the federal government may pass legislation to regulate behaviour in the interests of “peace, order, and good government.”

Vancouver lawyer Don Lidstone, who is the City of Nelson’s lawyer, will handle the case for the interveners pro bono (for no fee). But there will still be filing fees and other expenses to be covered. Nelson council has approved spending up to $2,000 on such expenses.

Rossland mayor Kathy Moore said in a news release that some people might ask how a small municipality can affect a big national issue.

“This is an issue that impacts all Canadians, whether we live in large urban centres or small rural communities,” she said. “We invite local governments across the country to pass motions supporting local government intervention in the Supreme Court of Canada carbon pricing case. We are stronger together.”

Nelson mayor John Dooley said in a news release that in 2007 his city signed on to the B.C. Climate Action Charter, and has since met or exceeded the targets.

“We believe there needs to be a national commitment to the reduction of carbon to meet the goals of a cleaner, more sustainable Canada,” Dooley said. “Implementing a fair price on carbon across all of Canada will create a level playing field and local governments will benefit from the federal carbon pricing scheme.”

Related:

• Saskatchewan, Ottawa carbon tax case ‘monumental’ for Constitution: expert

• Saskatchewan top court rules 3-2 federal carbon tax is constitutional



bill.metcalfe@nelsonstar.com

Like us on Facebook and follow us on Twitter

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

test tube with the blood test is on the table next to the documents. Positive test for coronavirus covid-19. The concept of fighting a dangerous Chinese disease.
Interior Health records third COVID-19 death

A new community outbreak was reported at Okanagan Men’s Centre in Lake Country

The Spences Bridge Improvement District is looking for someone to fill the position of fire chief, and is also looking for people willing to stand as a candidate for the SBID board; elections will take place at the AGM on Nov. 28. (Photo credit: Barbara Roden)
Candidates for trustee, fire chief wanted in Spences Bridge

Elections will be held during Spences Bridge Improvement District AGM on Nov. 28

Looking west from the Mesa to the Ashcroft Reserve at the start of the Elephant Hill wildfire, July 7, 2017. Students at Desert Sands Community School are looking to interview locals about their direct experience with the 2017 wildfires. (Photo credit: Barbara Roden)
Students looking for people to share their 2017 wildfire stories

Desert Sands Community School students want to speak with residents about wildfire experiences

BC 2020 election graphic
Elections BC estimates 52% of BC voters cast a ballot this year

Results are down from 2017, and final counts will have to wait until mail-in ballots are tallied

An operator works to clear the culvert at Quartz Road in Cache Creek during flooding in April 2020. The Village of Cache Creek is looking for local contractors who want to go on a list for any work (emergency and non-emergency) that is needed. (Photo credit: Barbara Roden)
Village of Cache Creek calling all contractors willing to work

Plus a Halloween drive-in movie event, an AGM, Christmas market news, and more

Provincial health officer Dr. Bonnie Henry updates the COVID-19 situation, B.C. legislature, Oct. 26, 2020. (B.C. government)
B.C.’s COVID-19 case count jumps by 287, another senior home outbreak

Two more deaths recorded, community outbreak in Okanagan

An untitled Emily Carr painting of Finlayson Point was donated to the Art Gallery of Greater Victoria by brothers Ian and Andrew Burchett. The painting had been in their family for several decades. (Courtesy of the Art Gallery of Greater Victoria)
Never before seen painting by famed B.C. artist Emily Carr gifted to Victoria gallery

Painting among several donated to Art Gallery of Greater Victoria

The B.C. Centre for Disease control is telling people to keep an eye out for the poisonous death cap mushroom, which thrives in fall weather conditions. (Paul Kroeger/BCCDC)
Highly poisonous death cap mushroom discovered in Comox

This marks first discovery on Vancouver Island outside Greater Victoria area

100 Mile Conservation officer Joel Kline gingerly holds an injured but very much alive bald eagle after extracting him from a motorist’s minivan. (Photo submitted)
Rescued bald eagle that came to life in B.C. man’s car had lead poisoning

Bird is on medication and recovering in rehab centre

Janet Austin, lieutenant governor of B.C., was presented with the first poppy of the Royal Canadian Legion’s 2020 Poppy Campaign on Wednesday. (Kendra Crighton/News Staff)
PHOTOS: B.C. Lieutenant Governor receives first poppy to kick off 2020 campaign

Janet Austin ‘honour and a privileged’ to receive the poppy

Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

Premier-elect John Horgan and cabinet ministers are sworn in for the first time at Government House in Victoria, July 18, 2017. (Arnold Lim/Black Press)
Pandemic payments have to wait for B.C. vote count, swearing-in

Small businesses advised to apply even if they don’t qualify

A raccoon paid a visit to a Toronto Tim Hortons on Oct. 22, 2020. (shecallsmedrew/Twitter)
Who are you calling a trash panda? Raccoon takes a shift at Toronto Tim Hortons

Tim Hortons said animal control was called as soon they saw the surprise visitor

The duffel bags were found to contain 84 pounds of cocaine, valued at approximately $1.2 million and 198 pounds of methamphetamine, valued at approximately $960,000. Photo courtesy U.S. Customs and Border Protection.
2 men accused of fleeing border agents near U.S.-B.C. border with $2M in drugs

Cocaine and methamphetamine seized by U.S. law enforcement in remote Idaho area near Canadian border

Most Read