Key Quotes  The Majority judgment
Coherent Identifier 20.500.12592/71hg6t

Key Quotes The Majority judgment

28 June 2019


Para 134 the Act strikes an appropriate balance between Parliament and provincial legislatures, having regard to the critical importance of the issue of climate change caused by GHG emissions, the need to address it by collective action, both nationally and internationally, and the practical inability of even a majority of the provinces to address it collectively. [...] Federal Para 77 Jurisdiction to The Act’s purpose and effects demonstrate that the pith and establish national substance of the Act can be distilled as: “establishing minimum standards: national standards to reduce greenhouse gas emissions.” The means chosen by the Act is a minimum national standard of stringency for the pricing of GHG emissions. [...] They are exactly the type of pollutant that both the majority and the minority in Crown Zellerbach contemplated would fall within the national concern branch of the POGG power. [...] I conclude that the pith and substance of the Act is: “establishing minimum national greenhouse gas emissions pricing standards to reduce greenhouse gas emissions.” Less Impact on Para 190 Provinces: … characterizing the act in the manner that I propose further constrains the impact on provincial jurisdiction and therefore more readily satisfies the Crown Zellerbach test. [...] How to Para 197 characterize the I disagree with the Chief Justice’s … conclusion that Parliament subject matter has the authority to establish “minimum national standards to of the Act: reduce GHG emissions” under the POGG power.

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