Reaction to Supreme Court’s Ruling Against Trudeau’s Environmental Review Law

The Supreme Court of Canada has ruled against federal legislation dealing with the environmental effects of major developments.

Five out of seven judges found most of it unconstitutional, because it seeks to regulate activities within provincial jurisdiction.

Here is some of the reaction to the decision:

“The Government of Canada developed the Impact Assessment Act to create a better set of rules that respect the environment, Indigenous rights and ensure projects get assessed in a timely way. We remain committed to these principles. We are heartened that the Supreme Court of Canada affirmed our role on these core principles. We will now take this back and work quickly to improve the legislation through Parliament.” — Federal Environment Minister Steven Guilbeault and Justice Minister Arif Virani.

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“This legislation is already responsible for the loss of tens of billions in investment as well as thousands of jobs across many provinces and economic sectors. The ruling today represents an opportunity for all provinces to stop that bleeding and begin the process of reattracting those investments and jobs into our economies.” — Alberta Premier Danielle Smith and Justice Minister Mickey Amery.

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“We need clear rules for major economic projects and we don’t have those. The system for project approvals remains broken and it’s time for the federal and provincial governments to end the political bluster and to collaborate on a proper set of rules.” — Alberta Opposition NDP energy critic Kathleen Ganley.

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“This should cause the federal government to rethink the many other areas where it is overstepping its constitutional competence, like electrical generation and oil and gas production.” — Saskatchewan Premier Scott Moe.

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“This decision is nothing short of a constitutional tipping point and reasserts provinces’ rights and primary jurisdiction over natural resources, the environment and power generation. … The (Impact Assessment Act) has stalled everything from Canadian highway and mine projects to LNG facilities and pipelines. It has thwarted investment, competitiveness and productivity across the country. This major decision will correct course.” — Saskatchewan Justice Minister Bronwyn Eyre.

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“We are pleased that this decision affirms the roles of each level of government. Regulatory certainty and efficiency are key to facilitating natural resources projects that are in the interests of Canada.” — Lisa Baiton, president and CEO of the Canadian Association of Petroleum Producers.

This report by The Canadian Press was first published Oct. 13, 2023.

The Canadian Press

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