Environmental lawyers available to comment on Alberta’s latest constitutional challenge to Impact Assessment Act

xʷməθkʷəy̓əm (Musqueam), Skwxwú7mesh (Squamish) & səl̓ilwətaʔɬ (Tsleil-Waututh) Territories/VANCOUVER 

Environmental and constitutional law experts at West Coast Environmental Law Association are decrying a second constitutional challenge to the federal Impact Assessment Act (IAA) launched by the Government of Alberta.  

The federal government recently amended the IAA to address issues identified by the Supreme Court of Canada in an October 2023 ruling that held that parts of the Act exceeded federal jurisdiction. On Wednesday, Alberta Lieutenant Governor Salma Lakhani issued an Order in Council seeking the Alberta Court of Appeal’s opinion on the constitutionality and application of the newly-amended Act.

“Challenging the Impact Assessment Act again is absurd,” said Anna Johnston, Staff Lawyer. “The Supreme Court of Canada was crystal clear that the federal government has jurisdiction to enact an impact assessment law, so long as it is focused on federal matters. The amendments make sure the Act is focused on federal effects. Challenging those fixes feels more like political grandstanding than a legitimate legal question.”

The federal government has been doing environmental impact assessments for over fifty years pursuant to the IAA and previous iterations of Canada’s environmental assessment law. The IAA applies to approximately ten to twelve projects per year that have the potential for significant adverse effects in areas of federal jurisdiction.  

“Impact assessments are the best tool we have for preventing environmental harms before they occur,” said Johnston. “It’s also our main mechanism for securing Indigenous consent and allowing the public to have a say about major projects that affect them. The federal government has a responsibility to protect the things assigned to it under the Constitution, like fisheries and migratory birds. Canadians would be much better off if provincial leaders focused on fixing the nature crisis instead of jurisdictional bickering.”

For more information, please contact:

Anna Johnston | Staff Lawyer  
604-340-2304, ajohnston@wcel.org