Hearings begin before Supreme Court on federal environmental impact assessment law | 24CA News
Federal legal professionals defended the federal government’s Impact Assessment Act within the Supreme Court of Canada on Tuesday towards considerations the laws was too broad.
Justice Malcolm Rowe stated the act permits Ottawa to make use of slim considerations over issues comparable to fisheries to realize management over all kinds of unconnected points.
“The feds get their hook in under some head of power and once the hook is in, they can use that for any purpose they want,” he steered to federal lawyer Chris Rupar.
Rupar stated it’s commonplace for environmental evaluation laws to deal with a broad vary of points. Legislation from Alberta — one of many provinces opposing the federal invoice — does comparable issues, Rupar stated.
Rupar stated the legislation comprises safeguards to make sure that it solely captures growth proposals that might generate “significant” impacts.
“It’s not all projects or physical activities that are covered,” he stated, “there are thresholds.”
Dayna Anderson, Rupar’s co-counsel, argued the laws is required to make sure nationwide consistency in environmental requirements.
Disallowing the invoice, she stated, “would create provincial enclaves and completely and totally immunize provincial resource development from federal regulation in any area, no matter the magnitude of the federal effects it would cause.”
The 5 justices are listening to an enchantment launched by the federal authorities after the Alberta Court of Appeal discovered the act unconstitutional final May.
Nine out of 10 provinces oppose the act, in addition to different teams such because the Indian Resource Council and the Canadian Taxpayers Federation.
The invoice is supported by a broad array of authorized consultants and environmental teams.
The courtroom is to listen to arguments Tuesday in assist of the invoice. Opponents are slated to talk Wednesday.
Alberta justice minister Tyler Shandro stated Alberta will current its arguments to the Supreme Court on Wednesday as a part of the two-day listening to.
“This — no extra pipelines — act is a menace to the long-term financial prosperity of our province, our vitality business and your entire nation. We wish to develop funding in Alberta, not have it pushed away by unbalanced, unpredictable new guidelines for main tasks.
“Over the past 25 years, our province has contributed $400 billion more to the federal government’s revenues than it has received in federal spending. In 2021, Alberta was the only province that made a positive net fiscal contribution to the federation. Albertans paid $394 million more in taxes to the federal government than they received in federal spending,” Shandro stated in an announcement Tuesday.
“Any damage to the Alberta economy caused by the ‘No More Pipelines’ act will be felt across the country.”
“But this act doesn’t just harm the economy. It is also a violation of the exclusive constitutional jurisdiction of provinces and territories to control the development of their natural resources,” Shandro wrote.
“Last May, Alberta’s Court of Appeal ruled that the Impact Assessment Act was unconstitutional in a 4-1 decision. Seven other provinces are joining Alberta as interveners in this case and to defend provincial rights.
“Alberta began the fight against this act while it was still a bill before Parliament, and we will continue to use every tool available to stand up for Albertans’ interests. Alberta is speaking up for a strong provincial and national economy and pushing back against federal intrusion on provincial jurisdiction.”
With information from Emily Mertz, Global News
© 2023 The Canadian Press
