Manitoba may have wiggle room in carbon tax fight with federal government
WINNIPEG — Manitoba Premier Brian Pallister says it appears the federal government has the right to force a carbon tax on the provinces, but there may be some wiggle room when it comes to the exact amount.
Pallister released a legal opinion on the issue Wednesday from constitutional law expert Bryan Schwartz. He was hired to examine whether the province could win a court challenge against a plan to have the provinces impose a $50 per tonne carbon tax or have the federal government enact the tax itself.
“There is a strong likelihood that the Supreme Court of Canada would uphold the proposed carbon tax/levy. It would probably do so on the basis of the federal government’s taxation power,” says Schwartz’s report, which cost the province roughly $40,000.
“The Supreme Court of Canada is wary of allowing the division of powers between the federal and provincial levels of government to stand in the way of activist government, including in the subject matter of the environment.”