May
26
2022
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.
- Media Release Alberta Court of Appeal hands down disappointing opinion on constitutionality of Canada’s Impact Assessment Act (Ecojustice)
- News Alberta Appeal Court says federal environmental impact law violates constitution (CBC News)
- News Supreme Court likely to find federal impact law constitutional: expert (Rocky Mountain Outlook)
- News Alberta court concludes federal environmental law is unconstitutional in dispute headed for the Supreme Court (Globe and Mail)
- News Federal environmental impact law an ‘existential threat,’ Alberta Appeal Court says (Canadian Press/Toronto Star)
- Opinion Alberta court opinion on pipeline law sees a Trojan horse where none exists (Globe and Mail)
- Analysis Carbon Tax Redux: A Majority of the Alberta Court of Appeal Opines that the Impact Assessment Act is Unconstitutional (ABlawg.ca)