All eyes on Sask. court ahead of carbon tax decision

People across the country have been waiting for a decision by the Saskatchewan Court of Appeal since before arguments on the carbon tax were made in February.

This will be the first, though likely not the last, court decision on the constitutionality of the tax.

Over a two-day stretch 2 1/2 months ago, lawyers from the Government of Saskatchewan, Government of Canada, and 16 interveners argued in front of the province’s Court of Appeal.

The decision is set to come down on Friday at noon, which is quite a bit earlier than expected. The lead lawyer for Saskatchewan said at the time that it would take anywhere from six months to a year to be delivered.

The quicker decision doesn’t concern Saskatchewan Justice Minister Don Morgan.

“Somebody made the comment, ‘Oh, well somebody’s going to get slammed because they came back so quickly.’ I don’t read that into it,” Morgan said Thursday. “I think they knew it was an important case and our Court of Appeal has got good work ethic.”

In Friday’s decision, Morgan said he’ll be watching for what the justices thought of the federal government’s “peace, order, and good government” argument. He believes if the court accepts that, then it will be an incredible enlargement of federal power.

“Peace, order and good government has been part of the Constitution for 150 years — very well-defined and well-canvassed over the years, so if the argument that is put forward by the federal lawyers that this should be part of peace, order and good government, that gives the federal government a huge amount of power that they didn’t have before,” Morgan said. “And I would certainly be troubled if that argument received a lot of credence.”

Premier Scott Moe didn’t say much ahead of Friday’s decision, other than to say he’s as confident as he was before and he’s looking forward to reading the decision.

The decision in Saskatchewan could have a ripple effect across the country, as a few other provinces are either preparing or awaiting a decision in their own cases.

Regardless of the outcome on Friday, Morgan said the case will almost certainly go to the Supreme Court of Canada.