Hearings begin before Supreme Court on federal environmental impact assessment law
Federal lawyers defended the government's Impact Assessment Act in the Supreme Court of Canada on Tuesday as a two-day hearing started to determine the future of how the country weighs the environmental costs of economic development.
Several of the five-member panel of justices hearing the appeal of an Alberta decision that found the act unconstitutional quizzed Ottawa's representatives about whether the legislation is too broad.
Justice Malcolm Rowe said the act allows Ottawa to use narrow concerns over matters such as fisheries to gain control over a wide variety of unconnected issues.
"The feds get their hook in under some head of power and once the hook is in, they can use that for any purpose they want," he said.
That was one of the main concerns expressed by Alberta when it asked the province's Appeal Court for a reference on the issue.
Rowe said the act gives Ottawa the power to use areas of federal jurisdiction to force unconnected policies on other governments.
"Isn't the (assessment) decision really not based on the impact on federal jurisdiction, which is fish or birds or whatever, it's the broad policy of the government of Canada used in a discretionary way to say thumbs up or thumbs down on any project they want anywhere in the country?"
No, said federal lawyer Chris Rupar. He said the act forces governments to look at both positive and negative effects of a development and decide whether, on balance, it's in the public interest.
"There may be an effect which is negative, but there could also be other effects," he said. "The whole picture has to be taken into account in the public interest."
Rupar said it's not unusual for environmental assessment legislation to address a broad range of issues. Alberta's provincial version of such legislation does, he said.
Rupar said the federal law contains safeguards to ensure that it only captures development proposals that would generate "significant "impacts.
"It's not all projects or physical activities that are covered," he said. "There are thresholds."
Judicial review remains open to proponents that feel their project was wrongly reviewed, he said.
Dayna Anderson, Rupar's co-counsel, argued the legislation is needed to ensure national consistency in environmental standards.
Disallowing the bill, she said, "would create provincial enclaves and completely and totally immunize provincial resource development from federal regulation in any area, no matter the magnitude of the federal effects it would cause."
The law was defended by 11 interveners from environmental and Indigenous groups. Several pointed out there's a long string of precedents giving the federal government the right to make national environmental rules.
"Alberta and the interveners in support of its position would have this court upend decades of settled law," said Anna Johnston of the West Coast Environmental Law Association.
Others pointed out the law lives up to Canada's responsibility to Indigenous people.
"It would be both illogical and perverse if Parliament could control or limit Indigenous people -- their rights and interests -- but didn't have the ability to protect those rights and interests," said Mae Price, representing Alberta's Mikisew Cree First Nation.
John Gailus, representing the Lummi First Nation in British Columbia, argued the act is "empowering" for Indigenous people because it allows for the consideration of cumulative effects of development.
Joseph Castrilli of the Canadian Environmental Law Association said the law complements the federal carbon price, which the Supreme Court has already supported, as well as laws controlling toxic substances.
He argued the federal government's power to regulate trade and commerce also makes the law constitutional. Creating what he called "pollution havens" in one province can harm the others, Castrilli said.
"Intra-provincial activity capable of causing adverse interprovincial and international environmental and economic effects does affect trade and commerce because it can harm trade and commerce."
The hearing is expected to go through Wednesday, when opponents of the bill are to address the court. Nine out of 10 provinces oppose the act, as well as other groups including the Indian Resource Council and the Canadian Taxpayers Federation.
This report by The Canadian Press was first published March 21, 2023.
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
Canadian doctor concerned new weight-loss drug Wegovy may be used inappropriately
As Wegovy becomes available to Canadians starting Monday, a medical expert is cautioning patients wanting to use the drug to lose weight that no medication is a ''magic bullet,' and the new medication is meant particularly for people who meet certain criteria related to obesity and weight.
Hulk Hogan, hurricanes and a blockbuster recording: A week in review of the Trump hush money trial
Crucial witnesses took the stand in the second week of testimony in Donald Trump's hush money trial, including a California lawyer who negotiated deals at the center of the case and a longtime adviser to the former president.
Grandparents killed in wrong-way crash on Hwy. 401 identified
A 60-year-old man and a 55-year-old woman killed in a wrong-way crash on Highway 401 earlier this week have been identified by the Consulate General of India in Toronto.
Two killed after collision with truck on Hwy. 417 near Limoges, Ont.
Ontario Provincial Police say two people were killed after a car and a transport truck collided in the westbound lanes of Highway 417 near Limoges, Ont. on Tuesday afternoon.
Britney Spears 'home and safe' after paramedics responded to an incident at the Chateau Marmont, source tells CNN
A source close to singer Britney Spears tells CNN that the pop star is 'home and safe' after she had a 'major fight' with her boyfriend on Wednesday night at the Chateau Marmont in West Hollywood.
A Chinese driver is praised for helping reduce casualties in a highway collapse that killed 48
A Chinese truck driver was praised in local media Saturday for parking his vehicle across a highway and preventing more cars from tumbling down a slope after a section of the road in the country's mountainous south collapsed and killed at least 48 people.
Russia puts Ukrainian President Zelenskyy on its wanted list
Russia has put Ukrainian President Volodymyr Zelenskyy on its wanted list, Russian state media reported Saturday, citing the interior ministry’s database.
‘We made them safer and more fun’: Here’s what’s new about e-scooters
Electric scooters (e-scooters) have been gaining popularity in the capital and this season comes with some changes and updates.
What a U.S. farmworker’s case of bird flu tells us about tracking the infection
A U.S. farmworker who caught bird flu after working with dairy cattle in Texas appears to be the first known case of mammal-to-human transmission of the virus, a new study shows.
Local Spotlight
Twin Alberta Ballet dancers retire after 15 years with company
Alberta Ballet's double-bill production of 'Der Wolf' and 'The Rite of Spring' marks not only its final show of the season, but the last production for twin sisters Alexandra and Jennifer Gibson.
B.C. mayor stripped of budget, barred from committees over Indigenous residential schools book
A British Columbia mayor has been censured by city council – stripping him of his travel and lobbying budgets and removing him from city committees – for allegedly distributing a book that questions the history of Indigenous residential schools in Canada.
Three Quebec men from same family father hundreds of children
Three men in Quebec from the same family have fathered more than 600 children.
Here's how one of Sask.'s largest power plants was knocked out for 73 days, and what it took to fix it
A group of SaskPower workers recently received special recognition at the legislature – for their efforts in repairing one of Saskatchewan's largest power plants after it was knocked offline for months following a serious flood last summer.
Quebec police officer anonymously donates kidney, changes schoolteacher's life
A police officer on Montreal's South Shore anonymously donated a kidney that wound up drastically changing the life of a schoolteacher living on dialysis.
Canada's oldest hat store still going strong after 90 years
Since 1932, Montreal's Henri Henri has been filled to the brim with every possible kind of hat, from newsboy caps to feathered fedoras.
Road closed in Oak Bay, B.C., so elephant seal can cross
Police in Oak Bay, B.C., had to close a stretch of road Sunday to help an elephant seal named Emerson get safely back into the water.
B.C. breweries take home awards at World Beer Cup
Out of more than 9,000 entries from over 2,000 breweries in 50 countries, a handful of B.C. brews landed on the podium at the World Beer Cup this week.
Kitchener family says their 10-year-old needs life-saving drug that cost $600,000
Raneem, 10, lives with a neurological condition and liver disease and needs Cholbam, a medication, for a longer and healthier life.