In a split decision, an Ontario court says Doug Ford’s government broke the law when it scrapped the cap-and-trade system, but the court won’t force Queen’s Park to reinstate the program that gives companies incentives to reduce carbon emissions.
Greenpeace had challenged the cancellation on grounds the government did not hold public consultations before making the decision, a process required by Ontario’s Environmental Bill of Rights (EBR).
The Progressive Conservatives argued that because they campaigned on a promise to end the program, the 2018 election, in effect, served as a public consultation on the issue.
Two of the three divisional court judges who heard the case ruled public consultations were still required and the PCs did not follow the law by ending the program on the basis of election results.
“A general election is in no way ‘substantially equivalent’ to the process of public participation prescribed in the EBR,” wrote Justice David Corbett in his ruling.
“The EBR provides for a comprehensive process that goes well beyond the blandishments of the campaign trail,” added Justice Graeme Mew.
However, the suit by Greenpeace was ultimately dismissed because two of the three judges chose not to make a formal declaration that could revive the program.
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