Furey: Here’s one: “It is a threat of the highest order to the country, and indeed to the world.” And here’s another: “The undisputed existence of a threat to the future of humanity cannot be ignored.”
These theatrical flourishes were from the SCOC ruling itself. Right there in the text of the majority decision that ruled the federal government does indeed have the right to run roughshod over provincial jurisdiction and impose a carbon tax on provinces against their will.
Yet here we are seeing that language used by the highest court in the land in the text of a major ruling. And they’re not using this language as an aside. They’re using it as the crux of why they’re siding with the feds and doing what they acknowledge is the rare occurrence of rolling out the Peace, Order and Good Government clause as their legal justification.
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