Tomorrow is a day that many residents in Saskatchewan and the provincial government have been waiting for.

May 3 will mark the day that the Provincial Court of Appeals will decide if the carbon levy is 'unfair, uneven, an illegal tax, and unconditional' in the words of the Government of Saskatchewan. 

The province asked the court one question" "The Greenhouse Gas Pollution Pricing Act was introduced into Parliament on March 28, 2018, as Part 5 of Bill C-74. If enacted, will this Act be unconstitutional in whole or in part?"

Meanwhile, the Federal Government has argued that the levy is a regulatory charge, not a tax, and that Ottawa has jurisdiction as carbon emissions are a national concern.

Ottawa is using a clause in the 1867 constitution that the federal government has responsibility for 'peace, order, and good government.' 

The Court of Appeals' decision will be announced at noon on Friday.

Saskatchewan has not been alone in fighting the tax - Ontario Premier Doug Ford, New Brunswick Premier Blaine Higgs, and now current Alberta Premier Jason Kenney all appeared in court as interveners back on February 13-14. 

Saskatchewan is one of four provinces in the country that became subject to the tax on April 1, and is the first to challenge it in court.