Law Times

Page 6 OctOber 2, 2017 • Law times www.lawtimesnews.com COMMENT u EDITORIAL OBITER By Gabrielle Giroday About time I n May, a Law Times columnist wrote a piece exploring the colo- nialist legacy inherent in the name of the Law Society of Upper Canada. "As a lawyer, I am required to pay membership fees to an or- ganization whose title includes the name 'Upper Canada.' "However, the fact it is the regulatory body for lawyers who live in northern areas of the province that never were part of the terri- tory of Upper Canada is truly bizarre," wrote David McRobert, an Ontario lawyer. "As a lawyer who has worked with and advocated on behalf of indigenous peoples in Ontario, I am ashamed that the regulatory body governing lawyers remains strongly associated by virtue of its title with a very dark period in Ontario's history," he added. Fast-forward to September — Convocation has voted that the law society's name will be changed and the "Upper Canada" will be scrapped. It's a very small start in updating the public perception of the profession, so the name of the regulatory body is both timely and relevant. Julian Falconer, who led the committee studying the name change, hit the nail on the head. "We actually have a crisis of public disconnection," he says. "Something's not working." For a profession that is currently making head- lines for dissension around proposed changes to private incorporation tax rules, a move to relate to the public (and to all Canadians) is a breath of self-aware fresh air. Commendations to those who chose to move with the times. LT ©2017 Thomson Reuters Canada Ltd. All rights reserved. No part of this publication may be reprinted or stored in a retrieval system without written per- mission. The opinions expressed in articles are not necessarily those of the publisher. Information presented is compiled from sources believed to be accurate, however, the publisher assumes no responsibility for errors or omissions. Law Times disclaims any warranty as to the accuracy, completeness or currency of the contents of this publication and disclaims all liability in respect of the results of any action taken or not taken in reli- ance upon information in this publication. Publications Mail Agreement Number 40762529 • ISSN 0847-5083 Law Times is published 40 times a year by Thomson Reuters Canada Ltd. LT.editor@thomsonreuters.com CIRCULATIONS & SUBSCRIPTIONS $205.00 + HST per year in Canada for print and online (HST Reg. #R121351134), $199 + HST per year for online only. Single copies are $5.00. Circulation inquiries, postal returns and address changes should include a copy of the mailing label(s) and should be sent to Law Times One Corporate Plaza, 2075 Kennedy Rd. Toronto ON, M1T 3V4. Return postage guaranteed. 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Karen Lorimer Managing Editor . . . . . . . . . . . . . . Jennifer Brown Editor . . . . . . . . . . . . . . . . . . . . . . Gabrielle Giroday Staff Writer . . . . . . . . . . . . . . . . . . . . .Alex Robinson Copy Editor . . . . . . . . . . . . . . . . . . Patricia Cancilla CaseLaw Editor . . . . . . . . . . . . . . . . . . Leah Craven Art Director . . . . . . . . . . . . . . . . . . . Phyllis Barone Production Co-ordinator . . . . . . . . .Catherine Giles Electronic Production Specialist . . . Derek Welford Carbon cap-and-trade cost not a winner BY IAN HARVEY T here wasn't much fanfare when the Ontario Liberals recently announced they've signed with California and Quebec to form a joint carbon cap-and-trade market. That's because awkward news is usu- ally rolled out quietly on Fridays and when you're hammering home a new tax, it's about a sticky as it gets. Call it what you want, it's a tax and it's going to cost us all. The government's published cost figure per household is about $156 this year, but since it is projecting about $2 billion in revenues annually, re-crunch- ing the numbers reveals it will be more than double that. It's also a stealth tax in that it's com- plex and regulation-heavy but isn't not- ed separately on consumers' bills. It's that "sneaky" aspect that has fired up Lambton-Kent-Middlesex PC MPP Monte McNaughton, whose private member's bill — supported by both the PCs and the NDP — narrowly squeaked past second reading recently and moves on to committee. Bill 146, Transparency in Gas Pricing would amend the Ontario Energy Board Act, 1998 and require gas companies to state the cost of the carbon tax (sorry, cap-and-trade cost) on homeowners' in- voices. The great irony here is this cap-and-trade regime won't really impact climate change. Canada produces 1.6 per cent of the world's GhGs, with Ontario contributing 23 per cent of that total. In fact, while Canada and On- tario rank high in terms of per-capita GhG emissions, rank those emissions by land mass and Canada fades into obscurity. Let's not also forget our boreal forests often suck up more CO2 than we emit. Politics is about opportunity and there's cash to be grabbed. So, starting in January 2018, the three participants will auction carbon allowances in a single market as part of the Western Climate Initiative. Registration for specific businesses is mandatory under Ontario Reg. 144/16: the Cap and Trade Program, pursuant to the Climate Change Mitigation and Low-carbon Economy Act, 2016. Still, why? Statistics Canada says households account for 46 per cent of Canada's total GhGs with natural gas and heating oil making up 58 per cent of our homes' en- ergy consumption, adding up to 99 per cent of emis- sions from a household. The next biggest category? Food and non-alcoholic food pur- chases. The harsh reality is that Canada is a cold country and we burn natural gas to heat our homes. We drive and ship goods over long distances because we're sparse- ly populated. This is a tax especially on those liv- ing outside of large urban centres and in the far north. Oh, and we like to eat to survive. Nor is cap-and-trade an improve- ment over the status quo. Both Ontario and Quebec have dra- matically reduced GhGs over the last decade without it. California is the sec- ond largest emitter in the U.S. behind Texas, though it's among the lowest per capita. It's all how you slice and dice it. The first Ontario auction last spring saw 25,296,367 allowances sold at $18.72 and a total of 1,674,000 future units (2020) greenhouse gas emission allow- ances sold at $18.30. The auction generated an estimated $504,182,190, but they're betting on $1.6 billion next year with an expanded mar- ket rising to $2 billion. It' a big bet and the obvious question is where will this money go? Ostensibly, the Ontario 2016 Climate Change Ac- tion Plan and related legislation directs money from cap and trade to be invest- ed into developing low emission tech- nologies, energy-efficient technologies, weaning First Nations off diesel genera- tors or persuading drivers to take public transit. Cynics, however, say it's hard to see how it is not going to be a massive pork barrel that the Liberals will use to reward their well-connected friends. Just who gets these funds and what they do with them will be worthy of scrutiny going forward. LT uIan Harvey has been a journalist for more than 40 years writing about a di- verse range of issues including legal and political affairs. His email address is ianharvey@rogers.com. Queen's Park Ian Harvey

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