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December 5, 2019

The Supreme Court must tackle vital constitutional questions and confront whether greenhouse gases represent a national concern under the peace, order and good government power, says a new report from the C.D. Howe Institute.

In “Living Tree or Invasive Species? Critical Questions for the Constitutionality of Federal Carbon Pricing,” author Grant Bishop argues that, in upcoming appeals, the Supreme Court of Canada must coherently address whether greenhouse gases represent a national concern that falls under exclusive federal jurisdiction and confront whether activity-level greenhouse gas regulation, such as federal output-based carbon pricing for large emitters, intrudes on provincial powers.

Grant Bishop

Grant Bishop was Associate Director of Research for the C.D. Howe Institute from 2018-2021. Based in Calgary, he led the Institute's research on energy, competition and regulatory policy.