March 25, 2021

Professors cited in decision on federal carbon tax

Professors Nigel Bankes and Martin Olszynski co-authored a paper cited in the Supreme Court decision.

Professors Nigel Bankes and Martin Olszynski, along with UAlberta Law's Andrew Leach, co-authored “Breaking Ranks (and Precedent): Reference re Greenhouse Gas Pollution Pricing Act, 2020 ABCA 74” for the Journal of Environmental Law and Practice. The comment focuses on the majority opinion of the Alberta Court of Appeal, beginning with a summary and some brief commentary (Part II). Part III offers detailed commentary on the majority’s approach to section 92A, subsidiarity, the division of powers analysis generally, several aspects of the national concern doctrine, and the overall tenor of the decision. 

The Supreme Court of Canada ruled on March 25, 2021 that a carbon tax from the Government in Canada is constitutional. Read the full decision.