Update - 17th October 2024
Repeal The Unconstitutional Impact Assessment Act
After the landmark Supreme Court decision that the Impact Assessment Act is unconstitutional, you would think that the federal government would stop attacking provincial jurisdiction and repeal the law, right?
Unfortunately, the federal government seems to have other plans...
Commonly known as the “No More Pipelines Law”, the Impact Assessment Act was passed by the federal Liberals in 2019, but the impacts of the law were actually much worse than its nickname suggested.
It gave the federal government the power to block the construction of a wide range of energy and infrastructure projects, not just pipelines, and it applied not only to projects that cross provincial borders, but also projects that were being built entirely within a single province!
That's why Alberta asked the Supreme Court to rule on the law and, such was the magnitude of the potential harm, seven other provinces joined Alberta’s side in the court case - Ontario, Quebec, British Columbia, Manitoba, New Brunswick, Newfoundland and Labrador, and Saskatchewan.
Thankfully, Alberta won the case 5-2, and the justices made it clear the federal government massively overstepped their constitutional authority with the Act.
But despite their loss, the feds have made it clear that they intend to pretty much ignore the ruling entirely.
It seems the federal Liberals and Environment Minister Steven Guilbeault actually only care about the rulings of the Supreme Court when the rulings go their way - so much for the rule of law!
Guilbeault, just a few minutes after the ruling was released, said in an interview that the federal government plans to keep the Impact Assessment Act in place, and perhaps make just a few tweaks to some wording in the law, in the hopes that will satisfy the court.
Of course, this is the exact kind of arrogance that led to the Supreme Court case in the first place!
Exclusive provincial jurisdiction over a wide range of activities is a principle enshrined in the Constitution, and forms the cornerstone of our federal system.
Without these protections, the Provinces would just be mere playthings of an all-powerful federal government.
Federal power cannot be left unchecked, especially if we wish to preserve the balance of Confederation.
After the result of the case was announced, Alberta Premier Danielle Smith, who has been a staunch defender of constitutional jurisdiction during her entire career, was quick to point this out:
“Where they went so wrong is they presumed to step into our jurisdiction to make decisions that fall completely, 100%, within Alberta’s borders. They should stop trying to micromanage our affairs.”
Saskatchewan Premier Scott Moe, another prominent defender of provincial jurisdiction, commented:
“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.”
Ontario Premier Doug Ford also celebrated the rebuke of federal overreach:
“We welcome today’s decision that confirms what we’ve been saying all along… The federal impact assessment process needlessly duplicated Ontario’s rigorous and world-leading environmental assessment requirements.”
Former Alberta Premier Jason Kenney, whose government launched the challenge, also weighed in, saying that:
“It would be nice to have some actual darn humility here … it’s over, it’s done, stick a fork in it, and come back to the drawing board with an approach that collaborates with the provinces.”
We couldn’t agree more - that’s precisely what the federal government should do.
It’s time they repeal the unconstitutional Impact Assessment Act entirely, wipe the slate clean, and come back and work with the provinces in a collaborative way that respects provincial sovereignty.
If you agree, please sign this petition calling on the federal government to repeal the unconstitutional Impact Assessment Act immediately.
Then pass this email on to every Canadian you know, and let’s get this done.
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The highest court in the land has rendered a decision finding Bill C-69 unconstitutional.
Canadians call upon the Federal government:
1. to demonstrate that the Federal government acknowledges the vital importance of the Judiciary in our parliamentary system of government;
2. to acknowledge that a decision of the Supreme Court is a “decision” – a learned decision of the Supreme Court judges, the highest in the land – and not a merely an “opinion”;
3. to formally pronounce, addressing Canadians in the House of Commons, the government humbly accepts the Supreme Court decision and honours the Decision by retracting the unconstitutional legislation, forthwith;
4. to formally censure the Minister of the Environment, Steven Guilbeault, demanding a public retraction and apology for his very public comments undermining the vital importance of the Judiciary and for denigrating the authority of the Supreme Court, finding his statements to be in contempt, or failing that to resign as Minister immediately.
Respectfully,
Landen Stein, P.Eng.