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Reconciling Sovereignty and Sustainability: A Constitutional Inquiry into the Greenhouse Gas Pollution Pricing Act and First Nations' Rights

  • Asia-Pacific Journal of Canadian Studies
  • Abbr : APJCS
  • 2024, 30(2), pp.171-184
  • DOI : 10.22691/kacs300205
  • Publisher : Korea Association For Canadian Studies
  • Research Area : Social Science > Area Studies > North America > Canada
  • Received : October 10, 2024
  • Accepted : December 5, 2024
  • Published : December 31, 2024

Taryn Michel 1

1Laurentian University

Accredited

ABSTRACT

This abstract provides an overview of a case commentary analyzing the Alberta Court of Appeal's decision regarding the Greenhouse Gas Pollution Pricing Act (GGPPA) and its constitutional challenge. The commentary criticizes the Alberta Court of Appeal's failure to consider First Nations' inputs and suggests that the Supreme Court of Canada (SCC) should seize the opportunity to integrate elements of Section 35 (s. 35) of the Constitution Act, 1982 into the national concern branch of the Peace, Order, and Good Government (POGG) power. The author argues that such integration would honor First Nations' treaty rights and recognize their sovereignty in addressing national and international crises posed by greenhouse gas emissions. The Alberta Court of Appeal's decision, which declared parts of the GGPPA unconstitutional, is scrutinized for its narrow interpretation of federal powers and its omission of considerations regarding First Nations' rights and environmental stewardship. The author posits that a broader interpretation, which includes recognizing First Nations' laws and rights under s. 35, could validate the GGPPA as intra vires, thus enabling the federal government to effectively address greenhouse gas emissions as a matter of national concern. Further, the commentary emphasizes the importance of reconciling economic development with environmental protection and First Nations' rights. It suggests that cooperative federalism, alongside constitutional tools like interjurisdictional immunity and the paramountcy doctrine, could facilitate this balance. Ultimately, the commentary advocates for a constitutional interpretation that respects the division of powers, honors First Nations' treaties and rights, and addresses the urgent need for national action on climate change.

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