Legality of Ottawa's new 'net-zero' electricity ultimatums unclear, say constitutional scholars
Environment Minister Steven Guilbeault unveiled his plan Thursday to mostly force fossil fuels out of Canadian electricity generation by 2035, while also significantly expanding the amount of power to meet rising electrification mandates. While Ontario, Quebec and British Columbia rely mostly on carbon-free hydro or nuclear power, Alberta and Saskatchewan, as well as other provinces, rely heavily on fossil fuels to generate electricity.
Alberta Premier Danielle Smith said she is prepared to fight the new regulations in court and her environment minister Rebecca Schulz told a Calgary radio station the UCP government could invoke itsAdvertisement 3“If they continue to come out with irresponsible and completely unachievable targets … we will use every tool at our disposal to represent the best interests of Albertans,” Schulz said.
“The reality I think is that horses left the barn a long time ago, 20 to 30 years ago,” he said. “On the basis of precedent, I think the feds have a pretty good argument.”Article content Leach said federal governments have used the criminal power to push into areas of provincial constitutional jurisdiction in the past. The Supreme Court has been largely deferential to the Liberals when it comes to jurisdictional reach, such as when it upheld the carbon tax, which Ottawa argued for based on different federal powers.“Probably with today’s Supreme Court, it ends up as valid federal legislation, but I don’t think it’s a slam dunk,” he said.
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