First, I analyse the main basis of jurisdiction argued by Canada to justify the Greenhouse Gas Pollution Pricing Act (GGPPA), Parliament’s authority to legislate for Peace, Order and Good Government (POGG) under the National Concern branch.

In this paper, I have examined three central issues that Saskatchewan and Ontario’s constitutional references will require the Courts to examine. But effective climate policy requires action at multiple levels of government, and Parliament’s choice to require a base level of carbon price applicable in all jurisdictions has raised the ire of some provinces who believe this is outside Parliament’s jurisdiction.

With renewed commitments to meaningfully reduce its greenhouse gas (GHG) emissions under the Paris Agreement, and details for how to do so set out in the 2016 Pan Canadian Framework on Clean Growth and Climate Change, Canada seemed poised to start taking the steps needed to address what can fairly be described as a very serious threat to Canada and the world. Jurisdictional tensions are nothing new in the Canadian federation, but recent provincial challenges to the constitutionality of Parliament’s carbon pricing policy come with very large stakes for Canadians. Jurisdictional Wrangling over Climate Policy in the Canadian Federation: Key Issues in the Provincial Constitutional Challenges to Parliament’s Greenhouse Gas Pollution Pricing Act

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