Justice Malcolm Rowe said the act allows Ottawa to use narrow concerns to gain control over a variety of unconnected issues.'
The Supreme Court of Canada is pictured in Ottawa on Friday, March 3, 2023. Arguments are underway in a long-awaited case over the federal Impact Assessment Act.
“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. “Isn’t the 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?”
Rupar said the federal law contains safeguards to ensure that it only captures development proposals that would generate “significant “impacts.Judicial review remains open to proponents that feel their project was wrongly reviewed, he said. “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.Sign up for our newsletter to get breaking news and daily digests sent to your email.Others pointed out the law lives up to Canada’s responsibility to Indigenous people.
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