This HillStudy is the first of a two-part examination of how the Supreme Court of Canada (the Supreme Court or the Court) has interpreted federal environmental law in light of Canada’s constitutional division of powers. It is a companion piece to the HillStudy entitled The Constitution and the Impact Assessment Act, which reviews the Court’s opinion with respect to the constitutionality of the Impact Assessment Act. The focus of this paper is to examine the Court’s advisory opinion that the federal government’s attempt to regulate greenhouse gas emissions through the Greenhouse Gas Pollution Pricing Act was a constitutional exercise of federal authority under the national concern doctrine of the peace, order and good government power set out in section 91 of the Constitution. The Court’s advisory opinions in these two reference cases offer insight into what is, and is not, constitutionally acceptable and why. These are significant decisions that arrive at their conclusions via different routes, and both are likely to inform the development of environmental legislation at the federal and provincial levels for years to come.
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