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Blog Post: The GGPPA Reference and the National Concern Doctrine

07-Apr-21

by Lydia Roseman

The Supreme Court of Canada released its decision on the constitutionality of the Greenhouse Gas Pollution Pricing Act (the “GGPPA” or the “Act”) on March 25, 2021, marking an end to the multi-year and multi-province litigation. The federal government enacted the GGPPA in 2018 and provincial governments quickly stepped forward to challenge its validity in the courts. The reference began in the Court of Appeal of Saskatchewan and was heard on February 13 and 14, 2019. Subsequent references were brought in two more provinces, Ontario and Alberta. The appeal of all three Court of Appeal decisions was heard by the Supreme Court on September 22 and 23, 2020.

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