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The dangerous slippery slope of activist-driven climate lawsuits

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4 minute read

From the Frontier Centre for Public Policy

By Joseph Quesnel 

Canadians should be concerned climate activists are pushing climate change litigation – or climate change tort cases – at the U.S. state and local levels.

We should all be prepared if this bizarre new legal trend introduced by climate change alarmists comes to Canada.

Canadians have noticed most extreme climate change-inspired ideas – like banning natural gas furnaces – originate from liberal parts of the United States and eventually find their way northwards to our provincial legislatures or city halls.

Lawyers – supported by climate change alarmist organizations – are inventing new legal theories to allow state governments to sue energy companies for alleged contributions to global climate change. Lawyers even attempt to link oil companies to specific extreme weather events.

American observers became alarmed when the Hawaii Supreme Court upheld a lower court ruling in that state allowing oil companies to be sued in state courts for their alleged contribution to climate change.  U.S. Legal critics were concerned how this climate change litigation could turn state courts into regulators of global climate change. They argued this was improper given that inter-state and foreign energy policy and commerce is federally regulated.

Canadian judges will have to deal with similar federalism/jurisdictional issues if these nuisance lawsuits come to our courts. Green activists on both sides of the border are determined to handicap the energy sector through the courts and lower levels of government.

Lawyers are basing their legal theories on unjustified certitude regarding climate change.  The United Nations Intergovernmental Panel on Climate Change (IPCC) – the most prominent so-called “authority” on climate science – actually presents a nuanced and cautious view of this topic. Politicians and journalists often blame specific weather patterns or events on climate change with little evidence.

Canadian author Joanne Marcotte, in her book Inconvenient Doubts: Climate Change Apocalypse: Really? reminds us that so-called experts miss three key points about IPCC reports: 1) They include varying degrees of confidence and probabilities, rarely mentioned by the media; 2) Some statements refer to specific regions but are often generalized globally; and 3) An extreme weather event becomes a disaster only if a region cannot respond effectively.

Lawyers pushing these anti-oil lawsuits are really saying courts can determine with certitude these oil companies are causing climate change or they can be blamed for specific weather events.

Activists are pushing their anti-energy agenda in the courts because they are losing the war of ideas in democratically elected legislatures. Canadian voters are rejecting these unnecessary and costly green policies because they are being economically crushed by spurious and environmentally pointless carbon taxes that unnecessarily inflate all basics including food and gasoline prices . Activists realize this and want unelected and unaware judges to become arbiters on an incredibly complex and nuanced issue like global climate change.

Drivers should be wary because once courts allow provinces to attack oil companies they may come after them.  Activists know transportation is the second biggest contributor to carbon emissions after the energy sector.

Canadian litigants raised climate change at the Supreme Court of Canada when several provincial premiers challenged the constitutionality of the carbon tax – a clever way to bypass democratic legislatures and impose their anti-energy policies on courts and lower levels of government.

Canadian consumers should be able to choose energy sources best for them.  We should not allow activists to use courts – as they have in the United States – to impoverish everybody through by imposing extreme and unscientific anti-energy climate policies through the backdoor.

Joseph Quesnel is a Senior Research Fellow with the Frontier Centre for Public Policy.

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Business

Canada may escape the worst as Trump declares America’s economic independence with Liberation Day tariffs

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MXM logo  MxM News

Quick Hit:

On Wednesday, President Trump declared a national emergency to implement a sweeping 10% baseline tariff on all imported goods, calling it a “Declaration of Economic Independence.” Trump said the tariffs would revitalize the domestic economy, declaring that, “April 2, 2025, will forever be remembered as the day American industry was reborn.”

Key Details:

  • The baseline 10% tariff will take effect Saturday, while targeted “reciprocal” tariffs—20% on the EU, 24% on Japan, and 17% on Israel—begin April 9th. Trump also imposed 25% tariffs on most Canadian and Mexican goods, as well as on all foreign-made cars and auto parts, effective early Thursday.

  • Trump justified the policy by citing foreign trade restrictions and long-standing deficits. He pointed to policies in Australia, the EU, Japan, and South Korea as examples of protectionist barriers that unfairly harm American workers and industries.

  • The White House estimates the 10% tariff could generate $200 billion in revenue over the next decade. Officials say the added funds would help reduce the federal deficit while giving the U.S. stronger leverage in negotiations with countries running large trade surpluses.

Diving Deeper:

President Trump on Wednesday unveiled a broad new tariff policy affecting every imported product into the United States, marking what he described as the beginning of a new economic era. Declaring a national emergency from the White House Rose Garden, the president announced a new 10% baseline tariff on all imports, alongside steeper country-specific tariffs targeting longstanding trade imbalances.

“This is our Declaration of Economic Independence,” Trump said. “Factories will come roaring back into our country — and you see it happening already.”

The tariffs, which take effect Saturday, represent a substantial increase from the pre-Trump average U.S. tariff rate and are part of what the administration is calling “Liberation Day” for American industry. Reciprocal tariffs kick in April 9th, with the administration detailing specific rates—20% for the European Union, 24% for Japan, and 17% for Israel—based on calculations tied to bilateral trade deficits.

“From 1789 to 1913, we were a tariff-backed nation,” Trump said. “The United States was proportionately the wealthiest it has ever been.” He criticized the establishment of the income tax in 1913 and blamed the 1929 economic collapse on a departure from tariff-based policies.

To underscore the move’s long-anticipated nature, Trump noted he had been warning about unfair trade for decades. “If you look at my old speeches, where I was young and very handsome… I’d be talking about how we were being ripped off by these countries,” he quipped.

The president also used the moment to renew his push for broader economic reforms, urging Congress to eliminate federal taxes on tips, overtime pay, and Social Security benefits. He also proposed allowing Americans to write off interest on domestic auto loans.

Critics of the plan warned it could raise prices for consumers, noting inflation has already risen 22% under the Biden administration. However, Trump pointed to low inflation during his first term—when he imposed more targeted tariffs—as proof his strategy can work without sparking runaway costs.

White House officials reportedly described the new baseline rate as a guardrail against countries attempting to game the system. One official explained the methodology behind the reciprocal tariffs: “The trade deficit that we have with any given country is the sum of all trade practices, the sum of all cheating,” adding that the tariffs are “half of what they could be” because “the president is lenient and he wants to be kind to the world.”

In addition to Wednesday’s sweeping changes, Trump’s administration recently imposed a 25% tariff on Chinese goods tied to fentanyl smuggling and another 25% on steel and aluminum imports—revoking previous carve-outs for countries like Brazil and South Korea. Future tariffs on semiconductors, pharmaceuticals, and raw materials such as copper and lumber are reportedly under consideration.

Trump closed his remarks with a message to foreign leaders: “To all of the foreign presidents, prime ministers, kings, queens, ambassadors… I say, ‘Terminate your own tariffs, drop your barriers.’” He declared April 2nd “the day America’s destiny was reclaimed” and promised, “This will indeed be the golden age of America.”

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2025 Federal Election

‘I’m Cautiously Optimistic’: Doug Ford Strongly Recommends Canada ‘Not To Retaliate’ Against Trump’s Tariffs

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From the Daily Caller News Foundation

By Jason Cohen

Ontario Premier Doug Ford urged Canadian Prime Minister Mark Carney to avoid retaliation against the tariffs President Donald Trump announced on Wednesday.

Trump announced in the White House Rose Garden that he would impose “a minimum baseline tariff of 10%” on all goods entering the United States, with Canada not being included on the list of countries with higher rates. When asked about what Canada’s response would be on “Bloomberg: Balance of Power,” Ford said he was “cautiously optimistic” about Canada’s omission from the higher-tier tariffs and emphasized the importance of a cooperative relationship with the U.S.

WATCH:

“Well, let’s see where these tariffs go. I’m cautiously optimistic that I never saw Canada or Mexico on that list. And it just goes to show you two great countries working together, collaborating together and building relationships,” Ford said. “So again, I’m cautiously optimistic. I think if that’s the case, it’s the right thing for both the U.S and Canada.”

Host Kailey Leinz noted that there are currently tariffs on Canada in place as well as an exemption for goods that are in compliance with the U.S.-Mexico-Canada Agreement (USMCA).

“Does that mean, sir, at least in your mind, that it wouldn’t be appropriate for Canada to retaliate for this at this time?” Leinz asked.

“That is correct. If that’s the case, then I would highly recommend to the prime minister not to retaliate. And let’s carry on a strong relationship,” Ford answered. “Let’s build the American-Canadian fortress around both countries and be the wealthiest, most prosperous, safest two countries in the world.”

Trump declared a national emergency to levy a slew of reciprocal tariffs on what he has deemed “Liberation Day.”

“My fellow Americans, this is Liberation Day, April 2, 2025, will forever be remembered as the day American industry was reborn, the day America’s destiny was reclaimed, and the day that we began to make America wealthy again,” Trump said.

The president also announced that he would proceed with implementing a 25% tariff on “all foreign-made automobiles” that will take effect at midnight.

Ford in March had imposed a 25% surcharge on electricity to New York, Michigan and Minnesota, but promptly rescinded the policy and apologized to Americans on WABC’s “Cats & Cosby” radio show the following day. The tariffs were a retaliatory measure against Trump’s flurry of tariffs against Canada since starting his second term.

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