The Supreme Court of Canada is seen on Friday, June 16, 2023 in Ottawa. Canada's top court is expected to rule today on the validity of the federal government's environmental assessment legislation. THE CANADIAN PRESS/Adrian Wyld
OTTAWA – The Supreme Court of Canada has ruled against the federal government’s impact assessment law.
In a decision released this morning, five out of seven judges found most of the Impact Assessment Act to be unconstitutional because it ultimately seeks to regulate activities within provincial jurisdiction.
Chief Justice Richard Wagner, writing for the majority, said federal powers don’t cover the list of projects subject to federal review under the act.
Wagner wrote the impacts of those projects must be within federal jurisdiction for an act to be constitutional.
In his 204-page judgment, he wrote the government failed to make that case.
Two judges, however, dissented, saying the law was constitutional.
The Impact Assessment Act, which was known in Parliament as Bill C-69, is now the second such piece of legislation to be thrown out by the courts.
In 2016, the Federal Court of Appeal struck down assessment legislation passed by the Conservative government of Stephen Harper.
More coming.
