The Canadian Press — Sep 4 2020   
      
      
   Anti-carbon tax sticker law unconstitutional, Ontario court finds   
      
      
   TORONTO — Ontario's government had no right to "stick it to" the federal   
   Liberals by forcing gas stations to display anti-carbon tax stickers, a   
   Superior Court judge said Friday as he struck down the law as unconstitutional.   
      
   Justice Edward Morgan said Premier Doug Ford and his Progressive Conservative   
   government overstepped in mandating the stickers, saying the Federal Carbon   
   Tax Transparency Act could not be justified under the charter.   
      
   "A government or political party can, in the words of Ontario's Minister of   
   Energy, 'stick it to' another tier of government or political party as a   
   matter of free speech in an election campaign or otherwise.   But a government   
   cannot legislate a    
   requirement that private retailers post a sticker designed to accomplish that   
   task," Morgan wrote.   
      
   "The mandatory fuel pump sticker is an unconstitutional attempt to do just   
   that."   
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   Under the law, gas stations that didn't display the stickers would initially   
   face fines of up to $10,000 per day, though a judge later lowered the daily   
   penalty to $150. Morgan said in his ruling that the companies can now choose   
   to leave them up or tear    
   them down.   
      
   The stickers show the federal carbon tax adding 4.4 cents per litre to the   
   price of gas now, rising to 11 cents a litre in 2022.     
   They do not include information about rebates available to residents.   
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   Morgan said in the decision that the message was "blatantly advantage-seeking   
   by a political party and a misuse of a governing party's legislative power."   
      
   He pointed to a statement Energy Minister Greg Rickford made in April 2019 in   
   which he said the province would "stick it to the Liberals and remind the   
   people of Ontario how much this job-killing, regressive carbon tax costs."    
   That, said Morgan, shows    
   the true purpose of the sticker was partisan.   
      
   Rickford said he respects the court decision, "but our government will always   
   stand up for the people of Ontario when it comes to matters that make everyday   
   life more expensive for hardworking families."   
      
   The Canadian Civil Liberties Association, which brought the challenge a year   
   ago, is extremely pleased with the ruling, according to the director of its   
   fundamental freedoms program.   
      
   "This was very clearly a partisan political message that the government was   
   putting forward — something that they're completely entitled to do on their   
   own, and when when they're campaigning in their own advertising, but something   
   that they're not    
   allowed to force others to do," Cara Zwibel said.   "Hopefully that's a   
   precedent that will carry forward and that governments will be mindful of."   
      
   But she noted that while the CCLA won in court, the province was still able to   
   achieve its goal.   The stickers have been displayed at gas pumps across the   
   province for well over a year.   
      
   A spokesman for the Ministry of the Attorney General declined to comment,   
   saying the department is reviewing the decision.   
      
   "As this matter is still in the appeal period, it would be inappropriate for   
   me to comment further," Brian Gray said.     
      
   But the Official Opposition urged Ford and his government not to appeal.   
      
   "He has already wasted enough of people's money on his anti-carbon price   
   stickers that don't stick – a partisan and dishonest propaganda campaign,"   
   NDP Energy and Climate Crisis Critic Peter Tabuns said in a written statement.   
      
   Ontario has challenged Ottawa's right to impose a carbon tax, and the Supreme   
   Court is set to hear that case in September.   
      
   --- SoupGate-Win32 v1.05   
    * Origin: you cannot sedate... all the things you hate (1:229/2)