3. Ottawa's carbon-pricing law valid, Ontario's top court rules

Ottawa's carbon-pricing law valid, Ontario's top court rules

My understanding of SCC cases is that they tend to intervene when lower courts give differing decisions.

Split decisions don't count, since ultimately the law was upheld.

If 7 provinces say it's good, and the others say it's bad, it would be up to the SCC to determine who is right, isn't it?

But now with 2 provinces (and I'm pretty sure AB is going to appeal to our appellate court?) saying that the Constitution is valid, I'm not sure the SCC is going to overturn those decisions.

If they overturned Sask and ON (and maybe AB), they would have to answer how appellate judges in two/three separate provinces erred so badly in their interpretation of the Constitution.

It seems highly unlikely that judges in separate jurisdictions would all err enough that the SCC had to step in.

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