May
26
2022
Issue Brief: Alberta Court of Appeal finds Impact Assessment Act unconstitutional
On May 10, 2022, in a 4-1 decision, the Alberta Court of Appeal issued its opinion that the federal Impact Assessment Act is unconstitutional. The constitutional challenge was launched by the Province of Alberta after the Act became law in 2019. In response, the federal government swiftly announced its intention to appeal the decision to the Supreme Court of Canada. Decisions issued in constitutional references such as this, are considered non-binding, so the Impact Assessment Act remains in force.
A number of legal experts have expressed the opinion that the constitutionality of the Impact Assessment Act would be upheld by the Supreme Court. Read More
