Federal government says it must fight 'grave risks' of climate change at Sask. carbon tax challenge

Canada must have the latitude to address the national and international concerns posed by climate change, according to a lawyer for the federal government.

"Despite Saskatchewan's view to the contrary, the rapidly increasing accumulation of CO2 in the atmosphere, the grave risks posed by climate change to do our part to achieve significant reductions that are necessary, as early as possible,are relevant and fundamental to this case," SharleneTelles-Langdontold court Thursday.

"Failing to address these cumulative dimensions are potentially catastrophic."

Watch Power & Politics' primer on the court challenge

The federal government is presenting its case in support of carbon pricing in Saskatchewan's Court of Appeal, in response toSaskatchewan's legal arguments Wednesday that a carbon tax is unfair, uneven, illegal and violates provincial jurisdiction.

Telles-Langdontold court that the federal government makes laws for peace, order and good government, addressing matters that provinces cannoton their own.

She said Canada is falling short of its international targets to reduce greenhouse gas emissions, and that it must use the peace, order and good government clause in order to try and meet these targets.

When asked by one of the five justices why the federal government does not set its own carbon price and plan across the board, Telles-Langdonsaid this would be less respectful of provincial jurisdiction.

More pollution in Saskatchewan per capita, says lawyer

Intervenors such as The Canadian Public Health Association andenvironmental groups like the David Suzuki Foundationwill also argue today in favour of the federal government's plan to put a national price on carbon.

"There's more pollution per person in Saskatchewan than any other part of Canada," Amir Attaran, a professor with the EcojusticeEnvironmental Law Clinic, told reporters outside of court on Wednesday.

• Aboriginal rights an issue in carbon tax court battle between Ottawa and Sask., says First Nation

"When the Saskatchewan government says they're doing a lot, they're only doing a lot if last place counts."

Attaran is counsel for AthabascaChipewyanFirst Nation, which is among the intervenors that supportthe federal government's position.

On Wednesday, lawyers representing the Government of Saskatchewan argued the federal government is violating provincial jurisdiction with its price on pollution.

CBC Saskatchewan reporter Adam Hunter is in court to cover thelegal challenge. Follow what's happening through his tweetsbelow. For those on mobile, clickhere.

However, lawyers for the federal government are expected to argue national carbon pricing should be allowed becauseclimate change is a matter of national concern, and falls under the peace, order and good government clause of the Constitution.

We just don't feel confidence that it's going to help the environment.- Todd MacKay, Canadian Taxpayers Federation

Groupsranging from the Canadian Taxpayers Federation (CTF) to the Agricultural Producers Association of Saskatchewan made submissions on Wednesday against the tax.

"This is going to take so much money from taxpayers," said CTF executive director Todd MacKay. "We just don't feel confidence that it's going to help the environment."

In court, one of the lawyers representing Saskatchewan said the provinceis not arguing that climatechange is real.

"The government of Saskatchewan is not made up of a bunch of climate change deniers," lawyer Mitch McAdam said in his opening remarks to the Saskatchewan Court of Appeal in Regina on Wednesday morning.

"The government recognizes that climate change is a serious issue that has to be addressed and that effective measures are required to deal with greenhouse gas emissions. None of that is in dispute."

The province argues the carbon levy is an unfair, uneven, illegal tax and that it violates provincial jurisdiction.

Thursday

• Government of Canada - 3 hours.
• Province of British Columbia - 30 minutes.
• The Canadian Public Health Association - 15minutes.
• Athabasca Chipewyan First Nation - 15minutes.
• Canadian Environmental Law Association And Environmental Defence Canada - 15minutes.
• Assembly of First Nations - 15minutes.
• David Suzuki Foundation - 15minutes.
• Ecofiscal Commission of Canada - 15minutes.
• Intergenerational Climate Coalition - 15 minutes.
• Climate Justice et. al - 15 minutes.
• Province of Saskatchewan (reply).