The Alberta Court of Appeal has ruled that the federal carbon tax is not constitutional.
In a 4-1 decision, the court says the legislation that brought in the tax erodes provincial jurisdiction.
The Alberta government had argued in its challenge of the tax that climate change isn’t a national issue requiring overriding federal intervention.
The federal government countered by saying climate change is a national and global concern that can’t be left to each of the provinces to take on alone.
Today’s decision is the first to side with a province against the federal government.
Courts in both Saskatchewan and Ontario upheld the federal levy last year.
The Supreme Court of Canada is to hear Saskatchewan’s appeal of its court’s decision this spring.