Alberta gives Ottawa legal challenge ultimatum over Impact Assessment Act

After the Supreme Court of Canada ruled it unconstitutional past fall, Ottawa’s Impact Assessment Act could extremity up backmost earlier the courts.

Alberta’s provincial UCP authorities has fixed the feds a four-week deadline to set the Act to its liking oregon look a ineligible challenge.

“The national authorities has gone into our lane, constitutionally and jurisdictionally,” said Brian Jean, Alberta’s vigor and minerals minister.

“They went and made a mates of amendments that don’t bash thing but for proceed connected the governmental statement alternatively of getting to the reality, which is the Alberta authorities has circumstantial rights and they’re infringing connected those rights,” Jean added.

The Act assesses the biology impacts of large projects.

Alberta had initially challenged the authorities earlier the Supreme Court’s ruling past October. At the time, Premier Danielle Smith called it “A large day.”

Federal situation and clime alteration curate Steven Guilbeault calls the province’s actions “cynical politics.”

“The Supreme Court of Canada confirmed the jurisdictional relation of the national authorities connected biology and Indigenous areas of responsibility,” Guilbeault told Global News successful a statement.

“Our Government delivered connected our committedness to rapidly and meaningfully amend the Impact Assessment Act. With the amended Impact Assessment Act, Canada is successful a bully presumption to get bully projects built, portion protecting the situation and Indigenous rights.”

Guilbeault said Alberta’s ultimatum is tied to Smith’s enactment review, saying she “wants to look pugnacious for the hardcore basal wrong her party.”

Political expert John Brennan said the reappraisal does play into the move.

“The governmental timing is not a fluke,” Brennan said.

However, Brennan said the UCP has a tenable argument.

“Under Section 92A of the Constitution, it is the exclusive jurisdiction of the provincial governments for the development, management, conservation and accumulation of earthy resources successful the provinces,” Brennan said.

“The provincial governments, particularly Alberta and Saskatchewan, bash not privation the national authorities intruding into the jurisdiction.”

Brennan expects this combat volition extremity up backmost successful the ineligible system.

“(The province) volition astir apt bash different notation lawsuit to the Court of Appeal,” Brennan said. “I fishy they would triumph that lawsuit and past it would beryllium further appealed to the Supreme Court (by the Liberal government.)”

At that point, Brennan said, the Supreme Court would person to find whether oregon not the amendments are constitutional.