"Because they don't come along very often, when a case does come along, the decision is consequential and of great interest to the country," he said. Wright is also co-counsel on this case for the Canadian Association of Physicians for the Environment, who are intervenors. "Think what you will about the political theatre and dynamics around this, in the long term, that kind of short-term political pain will pay off in terms of enhanced clarity in the law." "There are open legal questions in this area of the law," said David Wright, an associate professor at the University of Calgary's law school. Other groups, including environment and legal groups and additional First Nations, are in favour of Ottawa's argument. "We want to ensure the environmental issues are protected but in the same sense they have to consult with the First Nations that are in this sector to make sure that our rights are protected and that we're possibly moving towards something that is even greater, which is an economic impact that can affect our communities." When Alberta's Court of Appeal ruled it unconstitutional last year, he called it a historic victory. He noted Indigenous groups were not consulted when the bill was developed.įormer Alberta premier Jason Kenney referred to Bill C-69 as the 'no more pipelines' act. "It creates a federal veto against exploration and production activities and it's not right," Stephen Buffalo, president of the Indian Resource Council, told CBC News. Saskatchewan, Ontario and First Nations groups, including the Indian Resource Council, support Alberta's position. Several provincial governments and other organizations are intervenors on this reference case. Alberta's conservative government has often referred to it as the "no more pipelines act." Then-premier Jason Kenney called it a historic victory. The decision from the Court of Appeal did not strike down the legislation. She also noted the importance of co-operation between governments on climate change.Ĭourts' opinions on reference questions are not legally binding. The dissenting justice said the law was constitutionally valid as it regulates things that fall in federal control. The Constitution gives provinces the power to develop their natural resources but is murkier when it comes to who regulates environmental matters.Īll five justices said climate change must be addressed, but the majority opinion stated the federal government doesn't have unilateral power to regulate on environmental issues, nor should those concerns override the divisions of power. In May, a majority decision from the province's court called the act a "breathtaking pre-emption of provincial authority" and a "wrecking ball" that upset the division of powers set out in the Constitution. He says the act 'creates a federal veto against exploration and production activities and it's not right.' (Kyle Bakx/CBC) Stephen Buffalo is president of the Indian Resource Council. The federal government appealed to the Supreme Court after Alberta's Court of Appeal deemed it unconstitutional last spring. Supporters say it's a reasonable tool to address climate change and protect the environment from potential consequences of natural resource project development.Ĭanada's highest court will examine the matter on Tuesday and Wednesday to settle whether the law is within Ottawa's power. Alberta launched a challenge to the bill shortly after it was given royal assent in 2019.Ĭritics say consultations on the bill were inadequate, that it tramples provincial jurisdiction and blocks new energy infrastructure. The Impact Assessment Act allows Ottawa to consider the effects of new resource projects on environmental and social issues, including climate change. It's the next move - and the final legal level - in a reference case launched by the Alberta government to test if Ottawa's Impact Assessment Act (a.k.a. The Supreme Court of Canada will look this week at whether the federal government overstepped its constitutional limits with its controversial environmental assessment legislation.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |