Supreme Court rules Ottawa's carbon tax is constitutional

[dmlfarmer]

SCC has violated the constitution and is now a corrupt institution more concerned with political posturing than real legal arguments. Another institution destroyed by Trudeau et al.

The SCC didnt even bother to look at the arguments regarding climate change, the just swallowed the govt line. And somehow it took these retards 6 months to render this decision.

Now the feds can insert themselves into any provincial matter because these SCC idiots have set a precedent.

I need a laugh this morning so please Jazz explain how the SCC violated the constitution when the SCC is the body which interprets the constitution.

Second, the court case was on the constitutionality of the imposition of federal carbon pricing, not to determine if climate change is real so why would the SCC look at the arguments about climate change?

Third, you are also ignoring the fact that before this case reached the SCC by a "3-2 majority at the Saskatchewan Court of Appeal said the Act was a valid use of federal legislative jurisdiction. A 4-1 majority at the Ontario Court of Appeal reached the same conclusion in June of 2019. However, in February of 2020, four of five Alberta Court of Appeal judges found the Act to be unconstitutional on the grounds that it exceeded federal jurisdiction." https://www.osler.com/en/resources/regulations/2021/the-supreme-court-of-canada-upholds-the-constitutionality-of-federal-carbon-pricing-legislation https://www.osler.com/en/resources/regulations/2021/the-supreme-court-of-canada-upholds-the-constitutionality-of-federal-carbon-pricing-legislation
So in fact the highest courts in Saskatchewan and Ontario had previously reached the same conclusion as the SCC reached.

On and by the way, blaming this on Trudeau when 6 of the 9 judges are Harper appointees is hilarious.

[dmlfarmer]

SCC has violated the constitution and is now a corrupt institution more concerned with political posturing than real legal arguments. Another institution destroyed by Trudeau et al.

The SCC didnt even bother to look at the arguments regarding climate change, the just swallowed the govt line. And somehow it took these retards 6 months to render this decision.

Now the feds can insert themselves into any provincial matter because these SCC idiots have set a precedent.

I need a laugh this morning so please Jazz explain how the SCC violated the constitution when the SCC is the body which interprets the constitution.

Second, the court case was on the constitutionality of the imposition of federal carbon pricing, not to determine if climate change is real so why would the SCC look at the arguments about climate change?

Third, you are also ignoring the fact that before this case reached the SCC by a "3-2 majority at the Saskatchewan Court of Appeal said the Act was a valid use of federal legislative jurisdiction. A 4-1 majority at the Ontario Court of Appeal reached the same conclusion in June of 2019. However, in February of 2020, four of five Alberta Court of Appeal judges found the Act to be unconstitutional on the grounds that it exceeded federal jurisdiction." https://www.osler.com/en/resources/regulations/2021/the-supreme-court-of-canada-upholds-the-constitutionality-of-federal-carbon-pricing-legislation https://www.osler.com/en/resources/regulations/2021/the-supreme-court-of-canada-upholds-the-constitutionality-of-federal-carbon-pricing-legislation
So in fact the highest courts in Saskatchewan and Ontario had previously reached the same conclusion as the SCC reached.

On and by the way, blaming this court decision on Trudeau when 6 of the 9 judges are Harper appointees is hilarious.

[jazz]

The SCC violated the constitution because it allowed a tax to be unevenly applied across the country. By using 200 pages of weasel words, they somehow argued that carbon tax is not a tax to get around that.

So now any tax can be referred to as a pricing mechanism and applied differently in each province. So that means Trudeau can make up some more of these. Maybe a covid health adjustment is next, or a nitrogen pricing mechanism.

He just ended the confederation by nuking provincial jurisdiction.

You guys should have done a few online law courses while you were in lockdown.

[SASKFARMER]

Chuck, it's fun to paste and tell the Liberal side.

Admit you want us to all live off the grid and farm 160 acres and have chickens and pigs and a few cows and live as our grandfathers did back in the 1900s.


This whole thing does **** all on the world stage.

Canada is like 2% vs world but we have the second-largest landmass.

Were frozen 6 months of the year.

Come on just take your liberal check and call it a day.

[chuckChuck]

Jazz now a constitutional and tax expert!

Previously a covid "expert".

Soon to be appointed to the SCC? Which could stand for Suckers Club Canada.

[chuckChuck]

Chuck, it's fun to paste and tell the Liberal side.

Admit you want us to all live off the grid and farm 160 acres and have chickens and pigs and a few cows and live as our grandfathers did back in the 1900s.


This whole thing does **** all on the world stage.

Canada is like 2% vs world but we have the second-largest landmass.

Were frozen 6 months of the year.

Come on just take your liberal check and call it a day.

Hey its Friday! No sorry Saturday. Fix yourself another drink and have some fun.

[jazz]

Jazz now a constitutional and tax expert!

Previously a covid "expert".

Soon to be appointed to the SCC? Which could stand for Suckers Club Canada.

You know when the left has to resort to insult they have already lost. Isnt it time to slink away chuck?

My argument is sound. The constitution guiding premise is equal application of the law. Trudeau just turned it into toilet paper. This is the same thing as giving Quebec a 35% effective tax rate and Alberta a 36% effective tax rate. No different and its a violation of our founding principle.

SCC just became as irrelevant as our Senate.

[dmlfarmer]

The SCC violated the constitution because it allowed a tax to be unevenly applied across the country. By using 200 pages of weasel words, they somehow argued that carbon tax is not a tax to get around that.

So now any tax can be referred to as a pricing mechanism and applied differently in each province. So that means Trudeau can make up some more of these. Maybe a covid health adjustment is next, or a nitrogen pricing mechanism.

He just ended the confederation by nuking provincial jurisdiction.

You guys should have done a few online law courses while you were in lockdown.

Thanks Jazz, you actually made me laugh out loud. Love your suggestion that a few online law courses will make you a constitutional expert and smarter than the 9 SCC judges who have studied and practiced law all their lives or the court of appeal judges in Sask, Ont, and AB, a majority of whom also came to the same conclusion as the SCC decision.. To actually believe you know more about constitutional law than the 9 SCC judges and they are wrong in their interpretation of the constitution but you are right. No proof of that claim, only your decision. Did you get your law degree from Trump university by chance?

[jazz]

The difference is dml, I am not politically tainted like our judiciary has been.

I see you have no rebuttal to my argument. Is equal application of the law not a founding principle or our constitution?

We now have 3 programs in violation of that principle. Carbon Pricing, Equalization and CPP. All gamed against one part of the country for the benefit of another by tinkering with wording and formulas.

[dmlfarmer]

You know when the left has to resort to insult they have already lost. Isnt it time to slink away chuck?

.

What is it called when the right has to resort to insults and when do you slink away given these insults you shared in this thread?

Jazz post 30: SCC has violated the constitution and is now a corrupt institution more concerned with political posturing than real legal arguments. Another institution destroyed by Trudeau et al.

The SCC didnt even bother to look at the arguments regarding climate change, the just swallowed the govt line. And somehow it took these retards 6 months to render this decision.

Now the feds can insert themselves into any provincial matter because these SCC idiots have set a precedent.

[jazz]

What is it called when the right has to resort to insults and when do you slink away given these insults you shared in this thread?

if the SCC wants to come here and debate their decision, I will certainly refrain from insults, but hiding away from scrutiny to render a non legal politically charged decision, they deserve every bit of my scorn.

Anyway, they can now have front row seats to the constitutional crisis they just kicked off.

[dmlfarmer]

The difference is dml, I am not politically tainted like our judiciary has been.

I see you have no rebuttal to my argument. Is equal application of the law not a founding principle or our constitution?

We now have 3 programs in violation of that principle. Carbon Pricing, Equalization and CPP. All gamed against one part of the country for the benefit of another by tinkering with wording and formulas.

Carbon pricing applies to every province. Every province had the right to develop their own pricing plan as long as it met the minimum set by the federal government. So there is equal application across the country for carbon pricing.

Equalization is funded from general revenues which come from exactly the same rate of federal taxation in every province. Again, equal application of taxation.

[jazz]

Carbon pricing applies to every province. Every province had the right to develop their own pricing plan as long as it met the minimum set by the federal government. So there is equal application across the country for carbon pricing.

Equalization is funded from general revenues which come from exactly the same rate of federal taxation in every province. Again, equal application of taxation.

Why ignore facts dml, is it some sort of badge of honor for you.

Equalization is not applied equally because the formula has left out hydro revenues. So Sask Power revenues go into the general revenue but hydro Quebec does not.

Same with carbon pricing, Quebec gets to leave its heavy emitters out like cement production and then engage in a foreign carbon trading scam with California and then use Equalization to build more hydro which is exempt from both programs.

What part of unequal do you not get?

[Jordy2323]

None of these votes have been unanimous.

If everything is on the up and up, why not?

Is it because most things in law are now, how someone "inturrepts" it?

[dmlfarmer]

Why ignore facts dml, is it some sort of badge of honor for you.

Equalization is not applied equally because the formula has left out hydro revenues. So Sask Power revenues go into the general revenue but hydro Quebec does not.

Same with carbon pricing, Quebec gets to leave its heavy emitters out like cement production and then engage in a foreign carbon trading scam with California and then use Equalization to build more hydro which is exempt from both programs.

What part of unequal do you not get?

Are the formula's flawed, I agree 100%. But that does not make the actual legislation unconstitutional. Formulas can be changed as Harper did with equalization formula.

But this is besides the point. The SCC found carbon pricing to be constitutional because it is not a tax. The purpose of carbon pricing is not taxation for the purpose of raising revenues but to reduce consumption of fossil fuels thereby reducing emissions and for the action to work it has to be applied nationally. This conclusion is based on Pith and Substance, which is the basis on which constitutionality is determined. I suggest you go back to your google law degree and reread the section on Pith and Substance .