Supreme Court rules against federal environmental impact assessment law
Canada's top court has ruled the federal Impact Assessment Act (IAA), also known as Bill C-69, is on balance unconstitutional.
On Friday, five out of seven judges ruled the environmental scheme as too broad in its assessment of environmental impacts.
"Environmental protection remains one of today's most pressing challenges," said Chief Justice Richard Wagner. "To meet this challenge, Parliament has the power to enact a scheme of environmental assessment. Parliament also has the duty however, to act within the enduring division of powers framework laid out in the Constitution."
The bill, enacted by Parliament in 2019, provides a process for assessing the environmental impacts of designated energy projects. It also allows for more public consultation and participation in the assessment of any future energy projects.
The legislation's critics have called it the "No More Pipelines" bill. The province of Alberta sent it to the Alberta Court of Appeal, which ruled the legislation unconstitutional in 2022. Ottawa appealed the decision to the Supreme Court and arguments were heard last spring. Nine out of the 10 provinces oppose the scheme.
"The scheme's decision-making mechanism therefore loses its focus on regulating the federal impacts," Wagner said. "Instead it grants the decision maker a practically untrammelled power to regulate projects ... regardless of whether Parliament has jurisdiction to regulate a given physical activity in its entirety."
The designated projects section of the legislation, which includes projects set out under the regulations of the bill and those subject to ministerial orders, is the section the Supreme Court ruled as unconstitutional.
Alberta Premier Danielle Smith said she was extremely pleased with the Supreme Court decision.
“If you believe in fairness, common sense and the sanctity of the Canadian Constitution, today is a great day,” said Smith in a press conference with reporters in Calgary. “Today's decision significantly strengthens our legal position as we work to protect Albertans and all Canadians from federal intrusion into our provincial jurisdiction.”
However, the judgement does rule that sections 81-91 in the bill, which relate to the federal government's right to conduct impact assessments on projects carried out on federal land and impact federal jurisdictions, are constitutional.
In their dissenting opinions of the judgment, Justice Mahmud Jamal and Justice Andromache Karakatsanis argued that because the environment, by its very nature, is broad, there should be a level of flexibility afforded to regimes that regulate it.
On Friday, Environment and Climate Change Minister Steven Guilbeault said the federal government accepts the ruling and acknowledged the bill needs to be "tightened."
"We will now take this back and work quickly to improve the legislation through Parliament," Guilbeault said in a virtual press conference with reporters. "We will continue to build on 50 years of federal leadership in impact assessment."
In the drafting of new legislation of the IAA, Guilbeault said the federal government would follow the guidance from the court and collaborate with provincial and Indigenous leadership.
In Vancouver, Conservative Leader Pierre Poilievre also reacted to the ruling.
"Today we learned that the Supreme Court of Canada has found Justin Trudeau's no new pipeline anti-resource law unconstitutional," he said. "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."
Environment groups expressed their disappointment in the court’s advisory ruling.
“The federal government must move swiftly to restore the constitutional legality of the Act,” reads a statement released by Environment Defence Canada. “Federal oversight is crucial, given that environmental issues are not contained within provincial borders. And it’s especially crucial when provinces aren’t taking environmental responsibility seriously or, as the case may be, are outright hostile towards environmental protection.”
IN DEPTH
Budget 2024 prioritizes housing while taxing highest earners, deficit projected at $39.8B
In an effort to level the playing field for young people, in the 2024 federal budget, the government is targeting Canada's highest earners with new taxes in order to help offset billions in new spending to enhance the country's housing supply and social supports.
'One of the greatest': Former prime minister Brian Mulroney commemorated at state funeral
Prominent Canadians, political leaders, and family members remembered former prime minister and Progressive Conservative titan Brian Mulroney as an ambitious and compassionate nation-builder at his state funeral on Saturday.
'Democracy requires constant vigilance' Trudeau testifies at inquiry into foreign election interference in Canada
Prime Minister Justin Trudeau testified Wednesday before the national public inquiry into foreign interference in Canada's electoral processes, following a day of testimony from top cabinet ministers about allegations of meddling in the 2019 and 2021 federal elections. Recap all the prime minister had to say.
As Poilievre sides with Smith on trans restrictions, former Conservative candidate says he's 'playing with fire'
Siding with Alberta Premier Danielle Smith on her proposed restrictions on transgender youth, Conservative Leader Pierre Poilievre confirmed Wednesday that he is against trans and non-binary minors using puberty blockers.
Supports for passengers, farmers, artists: 7 bills from MPs and Senators to watch in 2024
When parliamentarians return to Ottawa in a few weeks to kick off the 2024 sitting, there are a few bills from MPs and senators that will be worth keeping an eye on, from a 'gutted' proposal to offer a carbon tax break to farmers, to an initiative aimed at improving Canada's DNA data bank.
Opinion
opinion Don Martin: Gusher of Liberal spending won't put out the fire in this dumpster
A Hail Mary rehash of the greatest hits from the Trudeau government’s three-week travelling pony-show, the 2024 federal budget takes aim at reversing the party’s popularity plunge in the under-40 set, writes political columnist Don Martin. But will it work before the next election?
opinion Don Martin: The doctor Trudeau dumped has a prescription for better health care
Political columnist Don Martin sat down with former federal health minister Jane Philpott, who's on a crusade to help fix Canada's broken health care system, and who declined to take any shots at the prime minister who dumped her from caucus.
opinion Don Martin: Trudeau's seeking shelter from the housing storm he helped create
While Justin Trudeau's recent housing announcements are generally drawing praise from experts, political columnist Don Martin argues there shouldn’t be any standing ovations for a prime minister who helped caused the problem in the first place.
opinion Don Martin: Poilievre has the field to himself as he races across the country to big crowds
It came to pass on Thursday evening that the confidentially predictable failure of the Official Opposition non-confidence motion went down with 204 Liberal, BQ and NDP nays to 116 Conservative yeas. But forcing Canada into a federal election campaign was never the point.
opinion Don Martin: How a beer break may have doomed the carbon tax hike
When the Liberal government chopped a planned beer excise tax hike to two per cent from 4.5 per cent and froze future increases until after the next election, says political columnist Don Martin, it almost guaranteed a similar carbon tax move in the offing.
CTVNews.ca Top Stories
BREAKING Slovak interior minister says 'lone wolf' has been charged with shooting prime minister
The Slovak interior minister said Thursday that a 'lone wolf' has been charged in the shooting that seriously wounded Prime Minister Robert Fico.
There's a new workers' rights treaty in Canada, but will it actually protect you?
Although a global workers' treaty has been in force in Canada since January, an employment lawyer believes it won't do anything more to protect employees from violence and harassment.
The Saskatchewan RCMP says it's safe to use your points at the McDonald's drive-thru
The Saskatchewan RCMP wants you to know it’s not targeting drive-thrus to ticket people for using their fast food reward apps.
Protecting your car from the growing risk of keyless vehicle thefts
Auto technology has evolved and many newer cars use wireless key fobs and push-button starters instead of traditional metal keys. But that technology also makes things easier for thieves.
Shifting winds mean smokier skies in some parts of Canada, snow in other areas
Air quality warnings are still in place for some areas of Western Canada, according to the latest forecasts.
DEVELOPING Latest updates on the major wildfires currently burning in Canada
Thousands of Canadians have been displaced as fires burn in Alberta, B.C. and Manitoba. Here are the latest updates.
Will jurors believe Michael Cohen? Defense keys on witness' credibility at Trump's hush money trial
With prosecutors' hush money case against Donald Trump barreling toward its end, their star witness will be back in the hot seat Thursday as defense lawyers try to chip away at Michael Cohen's crucial testimony implicating the former president.
U.S. intelligence officials wanted to meet with Transport Canada's UFO 'lead'
Canada's transportation department had a UFO 'lead' who tried to 'quell' media interest and planned to meet with U.S. intelligence officials.
OPINION If you think you can't focus for long, you're right: Sandee LaMotte
Regaining your focus requires you to be mindful of how you are using technology -- a daunting task if you consider the average American spends at least 10 hours a day on screens.
Local Spotlight
B.C. musician's song catches attention of Canucks
When Adam Kirschner wrote 'Slap Shot,' he never imagined the song would be embraced by his favourite team.
'We're on standby': Team ready to help entangled right whale in Gulf of St. Lawrence
A team is ready to help an entangled North Atlantic right whale in the Gulf of St. Lawrence.
Thieves caught on camera stealing pet chicken from North Vancouver backyard
A $200 reward is being offered by a North Vancouver family for the safe return of their beloved chicken, Snowflake.
Adopted daughter in the Netherlands reunited with sister in Montreal and mother in Colombia, 40 years later
Two daughters and a mother were reunited online 40 years later thanks to a DNA kit and a Zoom connection despite living on three separate continents and speaking different languages.
'Reimagining Mother's Day': Toronto woman creates Motherless Day event after losing mom
Mother's Day can be a difficult occasion for those who have lost or are estranged from their mom.
Chris Hadfield inspires youth musical in Sudbury
YES Theatre Young Company opened its acclaimed kids’ show, One Small Step, at Sudbury Theatre Centre on Saturday.
Ottawa pizzeria places among top 20 deep-dish pizzas in the world at international competition
An Ottawa pizzeria is being recognized as one of the top 20 deep-dish pizzas in the world.
From outer space? Sask. farmers baffled after discovering strange wreckage in field
A family of fifth generation farmers from Ituna, Sask. are trying to find answers after discovering several strange objects lying on their land.
Wilfrid Laurier football player drafted despite only playing 27 games in his entire life
A Listowel, Ont. man, drafted by the Hamilton Tigercats last week, is also getting looks from the NFL, despite only playing 27 games of football in his life.