Regulation of commerce in Saskatchewan is the sole jurisdiction of the provincial government

Feb 13, 2019

APAS lawyers to argue in court today against the federal carbon tax

Embargoed for release until 9:30 AM CST, February 13, 2019  – The Agricultural
Producers Association of Saskatchewan (APAS) will be using its intervenor status in the
Saskatchewan Court of Appeal reference case on the Federal Carbon Tax to argue that
the federal government is overstepping constitutional boundaries.

As the factum of the intervenor prepared by lawyers from Miller and Thomson on APAS’
behalf states:

“It is clear that both the purpose and the effect of the Act is to regulate local industry,
business and consumer activity – in a very specific way chosen by Canada – in order to
endeavor to reduce GHGs. Such regulation falls into the provincial power over trade,
commerce, property and civil rights in the Province, pursuant to s. 92(13) of the
Constitution Act, 1867.”

Beyond the constitutional issues, APAS has long argued that the carbon tax will have a
disproportionate impact on farmers and ranchers as well as rural Saskatchewan.
APAS President Todd Lewis points to all the costs that producers incur which will be
impacted by a carbon tax, such as heating barns, drying grain, road transportation of
crops and livestock, fertilizer, rail transportation and other crop inputs and manufactured
goods.

“When its cold, we can’t just decide to turn off the heat in livestock buildings; when we
have a wet harvest like we did in 2018 we have no choice but to dry our grain with
propane or it will rot. These costs are not optional expenses and they add up,” he says,
also noting that the Federal Department of Agriculture has acknowledged that there are
few alternate technologies that are available to producers in these instances.

“As producers, we already look for every possible cost savings, because we can’t pass
those costs along,” Lewis says. “And if you reduce our financial ability to adopt new
technologies, it defeats the purpose of the carbon tax.”

APAS lawyers are scheduled to present their arguments this afternoon.

Source : APAS
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