Abstract
In References re Greenhouse Gas Pollution Pricing Act, the Supreme Court of Canada addressed whether Parliament had the legislative competency to set and enforce minimum national standards for greenhouse gas emissions pricing. The Court held that it did, applying the national concern doctrine to establish that the Greenhouse Gas Pollution Pricing Act comes under Parliament’s “Peace, Order, and good Government” power. Below, I explore three aspects of the majority’s judgment that are likely to reappear in future division of powers cases: (1) its account of national concern doctrine’s judicial development; (2) its application of the validity test’s classification stage; and (3) its suggested operation of the double aspect doctrine.
Citation Information
Stewart, Fenner L..
"POGG Post References Re Greenhouse Gas Pollution Pricing Act GGPPA."
The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference
108.
(2023).
DOI: https://doi.org/10.60082/2563-8505.1433
https://digitalcommons.osgoode.yorku.ca/sclr/vol108/iss1/2
Creative Commons License
This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License.