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Ontario launching federal carbon tax plan constitutional challenge

The Canadian Press
Ontario launching federal carbon tax plan constitutional challenge

TORONTO — Ontario is launching a legal battle against the federal government over its carbon tax plan, a costly move critics say has little chance of succeeding.

Environment Minister Rod Phillips and Attorney General Caroline Mulroney made the announcement Aug. 2 in Toronto, saying they had received a clear mandate during the spring election to fight the federal tax for provinces that don’t have their own carbon pricing system.

Mulroney would not say whether she thought the province could win but denied the legal challenge was simply a gesture meant to appease Progressive Conservative supporters.

“It’s not symbolic for the people of Ontario who want us to do everything that we can to stop the federal Liberals from imposing this tax on them…so it’s not symbolic, it’s what we were elected to do,” she said.

The ministers said the constitutional challenge is in addition to Premier Doug Ford’s decision to join a similar legal battle launched by the Government of Saskatchewan.

Asked whether the province was spending money on duplicate efforts, Phillips said he believes Ontario’s arguments would be slightly different from its Prairie peer’s.

Saskatchewan Premier Scott Moe, meanwhile, said in a statement his government would “strongly consider” joining Ontario’s court challenge.

Ford vowed to fight Ottawa’s carbon pricing plan and eliminate Ontario’s cap-and-trade system during the spring election campaign. His Progressive Conservative party’s platform budgeted $30 million for the court challenge and Mulroney said she believes it will cost less.

The Tory government introduced legislation last month to scrap cap and trade and cancel programs financed through its revenues, which include rebates for energy-efficient renovations, transit projects and a fund for school repairs.

The premier’s provincial opponents condemned Ford’s decision to turn to the courts in the carbon pricing fight, as did the federal government.

At an event in Winnipeg, federal Environment Minister Catherine McKenna said she was disappointed Ontario was spending millions of taxpayer dollars to fight climate leadership.

The federal minister also took to Twitter to criticize the province’s move.

“It’s now absolutely clear, the Ford gov’t — like the Scheer & Harper Conservatives — has no climate plan. Climate change doesn’t stop with a change in government. And in 2018, no climate plan = no plan for the economy. Our kids deserve better,” McKenna wrote on Twitter.

Ontario’s New Democrats said the Ford government was acting on a “double standard” by bristling at federal interference on carbon pricing while imposing its will on the City of Toronto with a legislation to cut city council by 22 seats just months from a municipal election.

“I find it quite ironic that we have a government that is now suing the federal government apparently for implementation of a carbon tax, which they have a right to do. But then they’re going around and taking the rights away from Toronto,” NDP Leader Andrea Horwath said. “So they’re trying to say that the federal government can’t take their rights away yet their taking the rights of Torontonians away. It makes no sense whatsoever.”

Interim Liberal Leader John Fraser questioned the government’s decision to spend taxpayer dollars on what he called a “fruitless exercise,” given the Tories’ insistence on fiscal responsibility.

“If they’re really serious about protecting the taxpayers’ money then they shouldn’t be spending that money and I think the minister knows it, both ministers,” he said.

That sentiment was echoed by Green Party Leader Mike Schreiner.

“It’s clear that Premier Ford would rather spend money on lawyers than repairing schools, helping people save money by saving energy or helping hospitals lower their utility bills,” he said. “This is a frivolous lawsuit that has no hope of winning and it’s a complete waste of taxpayer dollars.”

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