Danielle Smith wants Alberta to challenge carbon tax again — but federal resources minister says it's settled

UCP leadership hopeful Danielle Smith says if she's elected to lead the party, she'll rechallenge the federal government's carbon tax — stating it "punishes" vulnerable Albertans.

In March of 2021, the Supreme Court of Canada upheld the federal carbon tax in a 6-3 decision despite legal challenges from Alberta, Saskatchewan and Ontario.

Now, Smith wants to reopen the case, saying new information allows her to do so. 

"I've been talking to lawyers who have said that with new information you're allowed to relitigate," she told the Calgary Eyeopener on Tuesday.

"We have new information. We have a war in Ukraine. We have a world global increase in prices. We have global instability. We have an affordability crisis."

She said it's one way that she'll try to address Albertans' concerns about the rising cost of living.

But the federal Minister of Natural Resources Johnathan Wilkinson says the case is closed, and the focus needs to shift toward working with Albertans and Canadians to make sure their needs are met. 

"Our view is that the issue is settled. We need to carry on in our focus on reducing emissions and growing the economy going forward," said Wilkinson, who is also a former environment minister.

"It's been settled quite decisively at the Supreme Court. I am not a lawyer, but I think, certainly, if you ask any lawyers, they would tell you that the threshold to get the Supreme Court to rehear a case that they just decided is very high."

During last year's legal challenge, Alberta, Saskatchewan and Ontario had argued the carbon tax represented an unconstitutional intrusion on the rights of provinces. Alberta Premier Jason Kenney said the province would consult with Albertans on the path forward.

Smith restated that argument on Tuesday, saying the carbon tax harms Alberta's most vulnerable people. 

"I think, under those circumstances, we can argue that a retail carbon tax punishes our most vulnerable, as it does, and that we have to find other ways to offset emissions, which our industry is doing, and has been doing, with carbon technology and carbon capture."

After seeking legal advice, she says Alberta can take the case to court once again.