The CCF intervened in a Supreme Court hearing about the constitutionality of the Impact Assessment Act (IAA). The IAA provides a mechanism to the federal government to pause–and ultimately—approve or prohibit natural resource projects that “may cause effects within federal jurisdiction”. In 2022, the Alberta Court of Appeal found the IAA unconstitutional in a reference case. The Court held that…
In its written submissions, the CCF argued that IAA’s impacts on provincial jurisdiction are not merely incidental and in fact eviscerate provincial powers related to local works and development of natural resources. Further, the CCF argued that the Greenhouse Gas Pollution Pricing Act reference confirms that Parliament may not under the Peace Order and Good Governance clause block a project based on its “extraprovincial effects”, such as greenhouse gas emissions.
The CCF was represented in this case by Brett Carlson, Aidan Paul and Peter Banks of Borden Ladner Gervais LLP and is grateful for their hard work and diligence on this case.
This case was heard in March 2023.
VICTORY: CCF pleased that Impact Assessment Act scheme declared unconstitutional
In 2023, the Supreme Court of Canada determined most of the IAA was unconstitutional, finding it allowed the federal government to regulate projects outside its jurisdiction. Late last year, Parliament made minor amendments to the act, which Alberta argues do little to render the law constitutional.
On September 18, 2024 the Canadian Constitution Foundation announced it had been granted intervener status in an upcoming Supreme Court of Canada case on the constitutionality of Newfoundland and Labrador’s pandemic travel restrictions and whether Canadian citizens have a constitutionally-protected right to interprovincial travel. The case Taylor v. Canada arises from a matter in which…
The Canadian Constitution Foundation is an intervener in the legal challenge to the federal “plastics ban” heard on June 25 and 26 at the Federal Court of Appeal.
