Saskatchewan premier Scott Moe says he is “disappointed” in the decision by Ontario’s highest court that the federal government’s pricing scheme is constitutionally sound.

The Ontario Court of Appeal ruled in a split decision on Friday. The decision also said the Ottawa’s carbon tax is critical for fighting climate change.

In May, the Saskatchewan Court of Appeal voted 3-2 to uphold the carbon pricing law as constitutional.

“With two split decisions, there is a strong legal argument that this tax is unconstitutional. The Government of Saskatchewan will continue to stand up for Saskatchewan people by bringing the fight against the federal carbon tax to the Supreme Court of Canada this December,” Moe said.

He added the federal carbon plan “harms Saskatchewan families, communities and businesses.”

The Supreme Court will hear Saskatchewan’s challenge of the carbon tax on Dec. 5.

With files from The Canadian Press