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Alberta Appeal Court rules federal carbon tax is not constitutional

Last Updated Feb 24, 2020 at 4:32 pm EDT

A man fills up his truck with gas in Toronto, on Monday April 1, 2019. As of January 1, every Canadian and all Canadian businesses, are paying a price on carbon. The federal Greenhouse Gas Pollution Pricing Act, means provinces which do not have their own price on pollution that meets a federal standard get the federal carbon tax applied to them.THE CANADIAN PRESS/Christopher Katsarov

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.