The Supreme Court of Canada’s (SCOC) Decision to validate the Federal Government’s carbon pricing legislation as constitutional, went far beyond that singular issue. In the process, the High Court arbitrarily shifted enormous provincial powers confirmed under s. 92 of the Constitution, to the Government of Canada. (SCOC Reference Greenhouse Gas Pollution Pricing Act found HERE.)
If anyone is concerned about the fundamental
structure of the Country – which is not just “federal” but “confederal” - much of the power held by the founding provinces remained with them - they
will give the Majority Decision of the Court critical attention; the issues
involved are inseparable from our identity, as Canadians, and critical to how the
Country operates, too.
Unfortunately, such issues often seem so esoteric that they cause glaze over the eyes of some people, the word “constitutional” alone indigestible. As a result, we are prone to leaving the issue to lawyers, which is unfortunate because they are not a representative sector of society.
