After the Supreme Court of Canada ruled it unconstitutional last fall, Ottawa’s Impact Assessment Act could end up back before the courts.
Alberta’s provincial UCP government has given the feds a four-week deadline to adjust the Act to its liking or face a legal challenge.
“The federal government has gone into our lane, constitutionally and jurisdictionally,” said Brian Jean, Alberta’s energy and minerals minister.
“They went and made a couple of amendments that don’t do anything except for continue on the political debate instead of getting to the reality, which is the Alberta government has specific rights and they’re infringing on those rights,” Jean added.
The Act assesses the environmental impacts of major projects.
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Alberta had initially challenged the legislation before the Supreme Court’s ruling last October. At the time, Premier Danielle Smith called it “A great day.”
Federal environment and climate change minister Steven Guilbeault calls the province’s actions “cynical politics.”
“The Supreme Court of Canada confirmed the jurisdictional role of the federal government on environmental and Indigenous areas of responsibility,” Guilbeault told Global News in a statement.
“Our Government delivered on our promise to quickly and meaningfully amend the Impact Assessment Act. With the amended Impact Assessment Act, Canada is in a good position to get good projects built, while protecting the environment and Indigenous rights.”
Guilbeault said Alberta’s ultimatum is tied to Smith’s leadership review, saying she “wants to look tough for the hardcore base within her party.”
Political analyst John Brennan said the review does play into the move.
“The political timing is not a fluke,” Brennan said.
However, Brennan said the UCP has a reasonable argument.
“Under Section 92A of the Constitution, it is the exclusive jurisdiction of the provincial governments for the development, management, conservation and production of natural resources in the provinces,” Brennan said.
“The provincial governments, especially Alberta and Saskatchewan, do not want the federal government intruding into the jurisdiction.”
Brennan expects this fight will end up back in the legal system.
“(The province) will probably do another reference case to the Court of Appeal,” Brennan said. “I suspect they would win that case and then it would be further appealed to the Supreme Court (by the Liberal government.)”
At that point, Brennan said, the Supreme Court would have to determine whether or not the amendments are constitutional.
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