Ford mum on carbon tax challenge in congratulatory election statement

Without mentioning the status of his ongoing federal carbon tax challenge, Ontario Premier Doug Ford congratulated Justin Trudeau on his election victory in a statement released early Tuesday morning.

Ford congratulated Trudeau and the other federal party leaders "on a hard fought campaign," which ended late Monday with the Liberals' hanging on to power with a minority government.

In his statement, Ford said he "looks forward to working with the Prime Minister, and with all federal parties, to build better public services and make life more affordable and prosperous for Ontarians and all Canadians," referring no doubt to the Liberals' need for opposition support to keep their government, and their priorities, afloat.

"We stand ready to work with the federal government on important shared priorities, including building critical infrastructure for the future, breaking down barriers to trade, ensuring better access to mental health services, and investing in health care, education and other vital public services," Ford said.

He noted the Liberals' commitment during the campaign to contribute funding to the planned Ontario Line Toronto subway project should they form government, and urged all levels of government to work together on other issues such as hospital infrastructure, gridlock and affordable housing.

What he did not mention was the fate of his government's carbon tax challenge, which has been winding its way through the courts.

In August, Ford said he would consult with his attorney general and cabinet after the federal election to determine the way forward on the file. At the time, he suggested that voters would be the ones to determine the fate of the challenge.

"This carbon tax, it's not going to be the courts that are going to decide. The people are going to decide when the election is held," he said. "Once the people decide, I believe in democracy, I respect democracy, we move on. The people will have the opportunity, not the courts."

In a statement, Ford's press secretary Ivana Yelich said the province is hoping the federal government will "work with us to ensure we are tackling important issues like climate change with real and effective solutions, while making sure our province is a place people and businesses can continue to prosper.

"As we evaluate the results of the Federal Election, and as the Premier said previously, we will continue to discuss our government's efforts to fight the federal carbon tax," she said in an email.

'Time' to drop court case, watchdog says

In June, the Ontario Court of Appeal struck down the province's case against the federal carbon tax, saying the legislation — the Greenhouse Gas Pollution Pricing Act, enacted in April — is constitutionally sound. The same day, the Ford government signalled its intention to appeal to the Supreme Court of Canada.

Keith Brooks, program director at Environmental Defence — which was an intervenor at the Court of Appeal hearing — said Tuesday with the election over, "it's time" for Ford to "drop the carbon pricing challenge.

"The premier said the people would decide the fate of the federal carbon price, and they have voted to keep it in place," Brooks told CBC Toronto in an email statement.

"Although a majority of Canadians didn't vote for one party, over 60 per cent voted for a party that is committed to fighting climate change and supports the carbon pricing system currently in place."

Brooks urged the province to instead focus on efforts to fight climate change and reduce greenhouse gas emissions. A recent report issued by the organization said the Ford government has done almost nothing on the bulk of the promises in the greenhouse-gas reduction plan it introduced last November.

"Ontario needs to stop wasting our tax dollars — and time we don't have — fighting the federal government's carbon price," Brooks said.

Green Party of Ontario leader Mike Schreiner similarly called on Ford to drop the province's lawsuit. 

"[Ford] should drop the campaign to sabotage climate solutions and start showing Ontarians that he actually understands the urgency of the climate crisis," Schreiner said in a statement.

If the Premier is truly interested in fixing past mistakes, this is the next reset button he should push."

The federal carbon pricing law applies to Ontario, Manitoba, New Brunswick and Saskatchewan, all of which do not have their own carbon pricing schemes. The Supreme Court will hear Saskatchewan's challenge of the tax in December. Alberta and Manitoba have also mounted court challenges to the tax, while New Brunswick has supported Saskatchewan's challenge.

On Tuesday, New Brunswick Premier Blaine Higgs said given the election results, voters have spoken on the issue of a carbon tax. The federal Liberals lost three seats to the Conservatives in the province, but retained six and garnered some 20,000 more votes than the Conservatives.

As a result, according to CBC New Brunswick provincial affairs reporter Jacques Poitras, Higgs said the province will look at crafting a made-in-New Brunswick carbon pricing scheme that aligns with the federal Liberals' climate plan.

In Ontario, the Ford government has previously said it was committed to spending some $30 million to challenge the tax.