This case is likely a preview of further legal challenges as Ottawa pushes ahead on a Clean Electricity Standard, a cap on oil and gas emissions and more
Canada’s next big environment/energy/jurisdictional battle is at the Supreme Court of Canada next week. It’s not as straightforward as whether Ottawa has the right to impose a national price on carbon – the question from two years ago. But the debate over the sweeping national law for assessing the environmental ramifications of big projects is just as consequential.
Ottawa disagrees, arguing Alberta’s highest court ignored the principle of “co-operative federalism” and shared jurisdiction over the environment. The federal Liberals have also long argued that the law was designed to reform a broken system and restore public trust in how decisions about major projects are made – in part by ensuring Indigenous rights and climate concerns are a recognized part of the process.
The hearing on the IAA on Tuesday and Wednesday is a reference case – meaning the court’s opinion is advisory only. But reference cases are still likely to shape policy direction – a key example being in March, 2021, when the Supreme Court ruled that Ottawa has the authority to impose a minimum price on greenhouse gas emissions. The Supreme Court majority said the provinces are incapable of addressing climate change effectively on their own.
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