Opinion article published by CBA National on May 3, 2021. Read full article here.
“The carbon pricing ruling at the SCC is a partial victory for equality-seeking groups. But will it be interpreted in a manner that is equality affirming and aligned with climate justice?”
The Supreme Court of Canada’s recent decision confirming the constitutionality of national carbon pricing legislation was an important win for climate federalism, and a critical first step towards climate justice.
But much more needs to be done – urgently – to ensure that climate change does not further worsen existing inequalities. The Supreme Court missed a perfect opportunity to send a clear signal that our Constitution has a vital role to play in safeguarding the rights of Indigenous Peoples, racialized minorities, women, children, seniors, and those living in poverty, all of whom shoulder a disproportionate share of the burdens caused by the climate crisis.
You can read the full article here.
Written by Nathalie Chalifour and Anne Levesque, co-counsel to Friends of the Earth and the National Association of Women and the Law in the Carbon Pricing Reference before the Supreme Court of Canada. Both are on faculty in the Common Law Section of the University of Ottawa and Anne Levesque is a member of the NAWL National Steering Committee.