Hi everyone, Mark Iype in Edmonton today.
The Supreme Court ruled Friday that the federal Impact Assessment Act, which allowed Ottawa to regulate large energy projects in order to protect Indigenous peoples and the environment, is an unconstitutional overreach into provincial jurisdiction.
And while the 5-2 ruling had several premiers “ecstatic” about the decision, the federal government was quick to say it had plans to quickly revise the law and get the changes approved by Parliament.
The Supreme Court ruling was an advisory opinion and did not strike down the law, so it does leave open the ability for the law to be revamped in a way that would be more palatable for the court.
“We will follow the guidance of the court and collaborate with provinces and Indigenous groups to ensure an impact assessment process that works for all Canadians,” said Environment and Climate Change Minister Steven Guilbeault at a news conference.
Alberta Premier Danielle Smith called the court’s decision a big win for her province while Ontario Premier Doug Ford said he was happy it would allow business to continue to thrive.
Smith added that Alberta was ready to challenge any other attempts by Ottawa to wade into territory the province feels falls under its jurisdiction.
“Alberta will simply not accept being handcuffed by Ottawa’s unfair overreach with another blatant attempt to erode and emasculate the rights and constitutional authority of the provinces as equal and sovereign orders of government,” she said.
Peter Gall, a lawyer who represented intervenors the Independent Contractors and Businesses Association and the Alberta Enterprise Group, said his clients are pleased that big projects will not be stifled by the law.
“This is a great decision – both for economic development in Canada and for our federal system. Our clients are ecstatic with the outcome,” he said.
While the ruling does mean that projects already going through the assessment process will continue to be reviewed under the current law, The Globe’s Kelly Cryderman argues there remains a great deal of uncertainty about what happens now. And that could be a problem.
As she says: “the wide gulf between how Ottawa interprets this Supreme Court ruling and how Alberta views it could inhibit the start or financing of major projects in Canada. This applies not only to fossil fuel projects that Alberta and some other provinces would like to see built, but also for critical mineral mines, that both the federal and provincial government want to see go ahead.”
Smith, who has engaged in a war of words with Ottawa on several fronts in recent months, was clearly emboldened Friday, saying the ruling has the potential to help the province as it considers challenging the federal government on other issues.
“We will continue to fight against Ottawa’s unfair overreach that continues with their uninformed and unrealistic electricity regulations, and oil and gas emissions cap,” Smith said at her own news conference.
If Prime Minister Justin Trudeau and the Liberals lose the next election to the Conservatives, Alberta likely has an ally in leader Pierre Poilievre.
Speaking in Vancouver, he was clear in what he would do if he came to power.
“A Poilievre government will repeal this law entirely and replace it with one that consults First Nations, protects our pristine environment, but gets jobs approved so that we can bring home beautiful, powerful paycheques to this country,” he said.
This is the weekly Western Canada newsletter written by B.C. Editor Wendy Cox and Alberta Bureau Chief Mark Iype. If you’re reading this on the web, or it was forwarded to you from someone else, you can sign up for it and all Globe newsletters here.