Saskatchewan's legal challenge over the federally imposed carbon tax has been approved by the Court of Appeal and will go to arguments in February.

The highest court in the province will oversee the fight that has Saskatchewan taking on Ottawa over the tax that Premier Scott Moe says is unconstitutional because it would only apply to provinces that have not set their own carbon tax.

The constitutional challenge relies on the argument that the tax is not evenly applied to all provinces. Ottawa argues they have to constitutional right to operate across the country and pass laws as they see fit, saying environmental issues impact all Canadians.

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