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Tracing The Evolution Of Stare Decisis In English Courts From The Mid 19th Century Onwards

Carbon tax ruling may set off years of turf fighting between the feds and provinces

Gord McIntosh It may seem ironic that Ottawa put its latest bid for a national securities regulator on hold just two weeks after the Supreme Court ruled the federal government’s carbon tax was constitutional. The same court ruled in 2018 that Ottawa had the right to create a national securities regulatory system from which provinces had the right to opt out after decades of federal/provincial turf fighting. The 6-3 carbon tax ruling appears to have given Ottawa the national policy leverage it has long coveted. This may be a reason why the Trudeau government moved the release of the federal budget to April 19 from mid-March as originally planned. Had the Supreme Court ruled in favour of the provinces on March 25, the marquee policy of the budget national child care would have been pointless.

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