Alberta Court states that the Federal Impact Assessment Act is unconstitutional

According to the Alberta Court of Appeals, critics said the federal law measuring the environmental impact of the project was aimed at preventing the construction of pipelines, but it is unconstitutional. Arbitrage It was released on Tuesday.

The court said that the environment needs to be protected and that there is an urgent need to tackle climate change, but this should not be the reason for invalidating the Constitution and the federal system.

“Climate change is an existential threat to Canada, but climate change is not the only threat to existence facing the country,” the decision said.

“IAA [Impact Assessment Act] It includes another threat that exists. This is also an imminent result. This is a clear and present danger that this legislative system poses to the constitutionally guaranteed separation of powers and thus to Canada itself. “

Three of the five judges in the court wrote their opinions, one in favor and the other against.

Bill C-69 has become IAA. received Royal assent in June 2019.Injured people like Alberta Premier Jason Kenny dubbing It is “there is no pipeline bill anymore”.

Part of the legislative purpose of the law is to “promote sustainability” and “environmental components, and the adverse health, social and economic conditions within the legislative body of Parliament from the adverse effects caused by designated projects. To protect. “

A court ruling states that the law violates state jurisdiction and damages citizens.

“This legislative system not only has a corrosive effect on the separation of powers, but it also has a corrosive effect on the economic health and well-being of the citizens of individual states.”

In addition, preventing Alberta and Saskatchewan from using oil and gas resources discriminates, especially if the federal government permits “importing hundreds of millions of barrels of oil from other countries into Canada.” Said that it was a target.

“In summary, the federal call for environmental and climate change concerns shared by all state governments and Canadians is not the basis for dismantling the constitutional separation of powers.”

Alberta was court-backed by Saskatchewan and Ontario, as well as several indigenous organizations and business and advocacy groups.

The federal government was supported by environmental groups and various indigenous organizations.


“It’s a historic victory and a central part of our strategy to fight for a fair deal!” Kenny said. Tweet..

“Today is a very good day for Alberta and our energy sector,” posted Sonia Savage, Minister of Energy, Alberta. On twitter..

“The federal government has spent six years developing and implementing an unconstitutional law aimed at eradicating Alberta’s exclusive constitutional jurisdiction to control our natural resources.”

The federal minister has indicated that they will appeal the decision and said the decision of the Alberta court will not affect the IAA.

“The Government of Canada has worked extensively with legal experts and state and quasi-state governments to develop an impact assessment law. We are confident that the impact assessment law is constitutional and will appeal this decision. I wrote it jointly. statement David Rametti and Stephen Gilbo, Minister of Justice and Minister of the Environment, respectively.

The law was created to “restore trust, protect the environment, promote reconciliation, promote good projects in a timely manner, grow the economy and create good jobs.” Stated.

Noe Chartier


NoƩ Charter is a Montreal-based Epoch Times reporter.