The broad, sweeping and potentially abusive powers under the federal government’s Greenhouse Gas Pollution Act was one major reason for a dissenting opinion from two Saskatchewan Court of Appeal judges. Judges Ralph Ottenbreit and Neal Caldwell said the act was unconstitutional because it would allow the federal government the power to change the act any way it wanted. The judges noted that the act contained 430 references to the word “prescribed” — the definition of which was so broad and open-ended that it allowed the federal government enormous scope. It unilaterally imposes federal policy in place of Provincial policy on the same matter, a matter over which the Provinces have exclusive jurisdiction. The federal cabinet has the authority to amend and redefine any aspect of the tax to its whim.”This, the judges said, was a recipe for abuse.

Source: National Post May 04, 2019 03:56 UTC