Schedule Released for Alberta’s Carbon Tax Challenge

By: Eric Appelt and Gavin Fitch, Q.C.


The Alberta Court of Appeal has released a tentative schedule for Alberta’s challenge of the federal carbon tax, which could see the case heard just before Christmas.  In Reference re Greenhouse Gas Pollution Pricing Act, 2019 ABCA 324, Mr. Justice Slatter set the following schedule for the case: 
-       September 18: Applications heard by those parties seeking to intervene and  
challenge any portion of Alberta’s evidence. 
-       October 11: Deadline for Canada to file its evidence.
-       October 25: Deadline for Canada to file its factum.
-       November 4: Deadline for all other provinces and intervenors to file their evidence and factums.
-       November 18: Deadline for reply factums, if found to be necessary.
-       December 16-18: Oral argument, assuming all necessary steps have taken place.

The decision is part of a broader legal action dating back to June 2019, when Alberta launched a constitutional challenge with respect to the federal carbon pricing framework.
McLennan Ross lawyers, Ryan Martin and Steven Dollansky, are currently co-counsel for the Government of Alberta in the Greenhouse Gas Pollution Pricing Act references.