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Supreme Court asked to rule on environmental impact legislation after Alberta ruling

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The federal authorities has asked the nation’s prime court docket to settle the regulation round its environmental impact legislation after the Alberta Court of Appeal dominated it unconstitutional.

In May, Alberta’s enchantment court docket struck down the Impact Assessment Act, calling the controversial regulation an “existential threat” to every province’s proper to management its personal sources.

Previously often called Bill C-69, the IAA acquired royal assent in 2019. It permits federal regulators to contemplate the consequences of main development initiatives — like pipelines — on a variety of environmental and social points, together with local weather change.

The Liberal authorities was fast to announce its plan to take the Alberta court docket’s non-binding opinion to the Supreme Court, and in latest weeks, the Office of the Attorney General of Canada accomplished its discover of enchantment, and submitting deadlines have now been set.

Reading ‘tea leaves’

The Supreme Court’s opinion would be the “final authority” on this space of regulation, says David Wright, an atmosphere and pure useful resource lawyer who taught on the University of Calgary.

“The benefit for everybody, once you fast forward through the short-term pain, is a level of legal clarity that we’ve not had before in this country with respect to federal jurisdiction over impact assessment,” mentioned Wright.

Last 12 months, in a cut up 6-3 resolution, the Supreme Court upheld the Liberals’ carbon tax regime as constitutional with the bulk writing that the local weather change menace necessitates a co-ordinated nationwide method.

“Those are the best tea leaves we have and they would suggest … the majority opinion finding the federal impact assessment act as constitutional,” mentioned Wright.

‘Trojan Horse’ argument

When Alberta filed its constitutional problem in 2019, Premier Jason Kenney mentioned the legislation would kill what was left of Alberta’s oil and fuel sector.

The Alberta authorities known as the regulation a “Trojan Horse” and argued the feds’ legislation threatened to “eviscerate provincial authority,” in its written arguments supported by Ontario and Saskatchewan.

The Alberta Court of Appeal heard from 17 interveners earlier than siding with the province.

Ultimately, in its 204-page authorized opinion, 4 of the 5 judges known as the IAA a “breathtaking pre-emption of provincial authority.”

The dissent

While all 5 judges agreed local weather change is a menace that should be addressed, 4 opined that environmental considerations don’t trump the division of energy.

In a dissenting opinion, Justice Sheila Greckol wrote the urgency of the local weather disaster requires co-operative safety environmental regimes throughout jurisdictions.

Greckol mentioned that whereas provinces have jurisdiction over their very own pure sources, initiatives associated to these sources aren’t immune to federal evaluation.

According to Wright, Greckol’s dissent “aligns more closely with existing constitutional law doctrine” and is probably going to be mirrored within the Supreme Court’s final majority opinion.

Liberals have ‘absolute confidence’ in legislation

A spokesperson for Minister of Environment and Climate Change Steven Guilbeault mentioned his authorities has “absolute confidence” the Supreme Court will uphold the legislation. 

“We feel very strongly that it is fully constitutional,” mentioned Oliver Anderson. “That’s why we took such a quick reaction to it at the time.”

On behalf of Guilbeault and Justice Minister David Lametti, Anderson pointed to the joint assertion issued by the 2 after the primary ruling in May. 

“This act puts in place better rules for major projects that restore trust, protect the environment, advance reconciliation and ensure good projects can move forward in a timely way so we can grow our economy and create good jobs,” reads a part of the assertion.

Alberta Energy Minister Sonya Savage didn’t reply to a request for remark. 

A date for arguments has not but been scheduled however submitting deadlines have been set into early 2023.


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