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Canada appeals court strikes down environmental assessment law – JURIST

The Alberta Court of Appeals ruled Tuesday that Canada’s Environmental Impact Assessment Act is unconstitutional. The law required some entities pursuing projects that may cause environmental harm or harm to indigenous communities to seek an impact assessment from Canada’s Impact Assessment agency in advance. The court reviewed the law at the request of the Alberta provincial government. In a 4-1 decision, the justices ruled that the law exceeded the scope of the powers of the Canadian Parliament and contravened the basic principles of Canadian federalism. Specifically, the court objected to the law’s regulation of intra-provincial activities, which are normally regulated by Canadian provinces rather than the federal government. about the provinces. The court stated that: Climate change constitutes an Existential Threat to Canada. But climate change is not the only existential threat facing this country. The IAA poses another existential threat, one that is also compelling and consequential, and that is the clear and present danger that this legislative scheme presents to the separation of powers guaranteed by our Constitution, and thus to Canada itself. Almost immediately after the court issued its decision, Prime Minister Justin Trudeau announced that he will appeal, while Alberta Premier Jason Kenney celebrated the ruling on Twitter.



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Canada appeals court strikes down environmental assessment law – JURIST

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