Toronto Star – The Supreme Court of Canada (SCC) reserved judgement on whether the federal government’s Greenhouse Gas Pollution Pricing Act 2018 (GGPPA) is constitutional following hearings on September 22 and 23 with the United Chiefs and Councils of Mnidoo Mnising (UCCMM), along with the Anishinabek Nation (AN), granted intervener status.

The GGPPA sets minimum standards for carbon pricing on provinces that have not implemented an equivalent provincial program. The provinces argued that they should have control of greenhouse gas (GHG) policies while environmental advocates and other interveners asked the court to recognize the necessity of a national response to climate change.

“The UCCMM intervened in this case because climate change disproportionately affects First Nation communities, our traditional way of life and our ability to assert and exercise jurisdiction in relation to environmental issues that directly impact their lands and their people,” said Patsy Corbiere, UCCMM Tribal Chair. “As stewards of the largest freshwater island in the world we are ensuring that the courts take into account the Anishinabek perspective when determining if climate change is a matter of national concern. As the quality and quantity of our natural resources and medicines continue to diminish with the effects of climate change, it is vital that our voices be heard and our rights be respected.”

In the current appeal to SCC, the AN and UCCMM urged the court to “adopt an approach to the issues in this case which allows jurisdictional space for all levels of government: federal, provincial and Indigenous, in regulation of critical environmental matters.” Patricia Lawrence from Westaway Law Group, appearing on behalf of the AN and UCCMM, argued that “First Nations should not be left without effective redress as a result of federal-provincial jurisdictional disputes.

The Crown must be held accountable for the protection and preservation of the aboriginal and treaty rights recognized and affirmed by section 35 of the Constitution Act, 1982. If the provinces are unable to effectively protect these rights, the federal government must be permitted to step in and enact legislation,” said Chief Corbiere.