Supreme Court Rules That Environmental Impact Legislation is Unconstitutional 

Today, the Supreme Court of Canada rendered a significant verdict, deeming the controversial Impact Assessment Act (IAA) largely unconstitutional. 

The IAA, formerly known as Bill C-69, empowers federal regulators to assess potential environmental and social consequences of diverse resource and infrastructure projects.

The court’s ruling discerned that Sections 81 to 91 of the IAA, involving projects conducted or financed by federal authorities on federal lands or abroad, aligned with federal jurisdiction and were thus constitutionally valid.

However, the court determined the remaining facets of the scheme, particularly the segment about “designated projects,” to be unconstitutional

These “designated projects” are outlined in the regulations or subject to ministerial orders under the IAA, and the majority of the court concurred that this aspect of the act exceeded federal jurisdiction.

Alberta, supported by the governments of Saskatchewan and Ontario, three First Nations, and the Indian Resource Council, challenged took the federal government to court starting from the Alberta Court of Appeal.

The federal government received backing from various environmental and legal groups, along with other First Nations.

In a 4-1 decision, the court expressed concerns about the IAA posing an “existential threat” to Canada’s Constitution.

The federal government had appealed this non-binding opinion, leading to Supreme Court hearings in March. 

Today’s ruling is of great importance to legal experts, as it provides much-needed clarity on a long-debated area of law.

Source: CBC News

4 Replies
Inline Feedbacks
View all replies
Paul
Moderator
7 months ago

Victory to Alberta, Victory to Canada.

Don Fitzgibbon
7 months ago

This is a loss to everyone . It’s not that climate change could really have been stopped or even slowed at this point but to actively fight whatever improvement that comes along is both foolish and places mankind in peril as without proper incentive to look for better methods holds us back from achieving a lifestyle that is truly advanced enough to include everyone . Soon it will be kerosene lamps when the existing grid fails and back to the dark ages . Be careful what you wish for as you might get it