User:Oceanflynn/sandbox/Attorney General of Canada v. Attorney General of Alberta
Attorney General of Canada v. Attorney General of Alberta was a "highly anticipated" Supreme Court of Canada case on the constitutionality of the federal Impact Assessment Act (IAA), also known as Bill C-69.[1] [2][3]
The Court of Appeal of Alberta (ABCA) received an appeal of the IAA submitted in 2021 by then Premier of Alberta, Jason Kenney alleging that Bill C-69 represented federal overreach in provincial jurisdictions and undermined Alberta's "vital economic interests".[4] The lawsuit also claimed that the IAA would have a negative effect on potential investments in major oil and gas projects.[4]
The ABCA found in favour of Alberta on 10 May 2022, saying that both the Impact Assessment Act and the Canadian Energy Regulator Act were unconstitutional.[5]
On 13 October 2023, the Supreme Court upheld the ABCA's decision.[6][1]
Breakdown of the SCC decision[edit]
Chief Justice Wagner and Justices Côté, Rowe, Martin and Kasirer agreed to allow the appeal in part, "finding the process set forth in sections 81 to 91 of the Act to be constitutional, but the balance of the scheme to be ultra vires". Justices Karakatsanis and Jamal dissented, saying that "the Act and related regulations are intra vires in their entirety."[6]
See also[edit]
References[edit]
- ^ a b [General of Canada v. Attorney General of Alberta], 2023 SCC 23 (13 October 2023)
- ^ Macnab, Aidan (23 March 2023). "SCC hears case on whether Impact Assessment Act impedes provincial jurisdiction". Canadian Lawyer Magazine. Retrieved 2 December 2023.
- ^ Canada, Supreme Court of (1 January 2001), Supreme Court of Canada - SCC Case Information - Docket - 40195, retrieved 2 December 2023
- ^ a b Rieger, Sarah (23 January 2021). "Alberta's legal challenge of Bill C-69 is part of a list of grievances against Ottawa". CBC News. Retrieved 13 May 2022.
- ^ Reference re Impact Assessment Act, 2022 ABCA 165, docket: 1901-0276AC (PDF) (Court case). Calgary, Alberta. 10 May 2022. Retrieved 2 December 2022.
In the Matter of An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts, SC 2019, c 28 and the Physical Activities Regulations, SOR/2019-285 And in the Matter of a Reference by the Lieutenant Governor in Council to the Court of Appeal of Alberta under the Judicature Act, RSA 2000, c J-2, s 26
{{cite book}}: Unknown parameter|agency=ignored (help)CS1 maint: location missing publisher (link) - ^ a b "Reference re Impact Assessment Ac". Supreme Court of Canada. 13 October 2023. Retrieved 2 December 2023.