Environmental Engineering Reference
In-Depth Information
In response to a federal attempt to invoke its environmental protection
mandate in order to tax CO
2
emissions, there is a potential defense stem-
ming from section 36 (1) of the Constitution, which mandates that the fed-
eral government must ensure equal opportunities and reduce disparity in
the opportunities in regard to its policies.
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Given the disparate nature of
Canada's provincial electricity mix, the implication of this should be appar-
ent. Any taxes or regulations applied to fossil fuel emissions would dispro-
portionately disadvantage the ive Canadian provinces that are dependent
on fossil fuel electricity (Ontario, Alberta, Saskatchewan, Nova Scotia, and
New Brunswick). A policy which disproportionately disadvantages some
provinces over others would require some sort of transfer payments in
order to equitably apportion the damage.
Another provincial defense to block federal attempts to initiate a carbon
tax arises from Canada's representational political structure. Section 53 of
the Constitution requires that federal policies which seek to apply taxes to
goods or services must be approved by a simple majority within the House
of Commons. he ive Canadian provinces listed in the previous section
as dependent on fossil fuel electricity generation hold the majority of the
308 seats in the House of Commons. Although Canada's political structure
afords the prime minister considerable authority over day-to-day policy
setting, when it comes to raising funds, this constitutional check suggests
that members of Parliament from these provinces would be placed in the
diicult position of having to choose between supporting the prime minis-
ter and his or her cabinet or appeasing the vested interests within his or her
political riding.
In aggregate, the political tension that exists between the federal govern-
ment and the provincial government has resulted in a national energy strat-
egy which is more or less a conlation of provincial energy policies—policies
which prioritize provincial interests. his is not to say that the status quo
could not be changed; however, attempts to unify national energy policy
would require considerable political will on the part of the ruling party to
confront the challenges that the provinces could muster.
8.6.2 Governing Party Ideology
Since 2006, Canada has been governed by the Conservative Party of Canada,
led by Prime Minister Stephen Harper. Canadian politics is characterized by
centrist ideology with the Liberal Party of Canada claiming the left of center
position and the Conservative Party claiming the right of center position.
It has been said that the Conservative Party exhibits a stronger right wing
