The Ford government has filed an appeal to the Supreme Court challenging the constitutionality of the federal carbon tax.

Elizabeth Marshall, a constitutional expert, asserts that:

The federal Liberals seem to be of the belief that under Peace Order and Good Government (POGG) they have the authority to use a “carbon” tax/regulatory fee to penalize Canadians.


They state this is to protect Canadians against Climate Change and yet it does nothing but harm the people, increase the cost of living and undermine the economy.

She continues:

It also places Canada in a very precarious position on the world markets as it undermines Canada’s ability to function innovatively with renewable and non-renewable natural resources. This, to me, is where the Federal Liberals have over-stepped their jurisdiction.


Natural resources are in (belonging to) the administrative authority of the provinces under a number of sections in the Constitution – not merely section 92, albeit section 92 is the section of the constitution where the provinces receive the majority of their authority. There are also the issues that the Federal government does not have the authority to violate constitutionally protected private property rights. This has been established under a number of various court rulings from the Supreme Court of Canada all the way to the Privy Council in England.

The Ford government, meanwhile, says the federal carbon pricing is a violation of the Constitution because it allows the federal government to intrude on provincial jurisdiction.

“In June, we were disappointed to learn that in a split decision, the Ontario Court of Appeal did not accept our position that the federal carbon tax is unconstitutional.”

“Despite this decision, we remain committed to using every tool at our disposal to fight against the job-killing carbon tax, which is making life more expensive for Ontario’s hardworking individuals, families and businesses.

“That is why we filed our appeal of the decision on the carbon tax to the Supreme Court of Canada today.”

Environment Minister Jeff Yurek said in a statement Wednesday afternoon.