The federal government’s environmental assessment act is unconstitutional, Alberta’s highest court has ruled..The Alberta government has called the Impact Assessment Act — previously known as Bill C-69 — a “Trojan Horse” that attempts to expand the range of federal oversight into areas of provincial jurisdiction..Three of five justices concluded the Act is unconstitutional, with one more justice signing off. Only one dissenting opinion was given..The Act, given royal assent in 2019, allows the federal government to consider the impacts of new resource projects on issues such as climate change..Alberta Premier Jason Kenney said Tuesday the decision is a “huge win” for the people of Alberta and their right to decide how to develop their resources. .The province immediately saw the Act for what it was — a massive overreach into provincial powers that creates uncertainty in developing projects, he said. It was an “unconstitutional attack” on the province’s key powers and Alberta’s, and Canada’s, largest industry — the energy sector, the premier said..“Today's victory is a huge vindication of Alberta’ strategy to fight for a fair deal,” Kenney said. .The Court of Appeal clearly states that this type of legislation and constitutional infringement “would make our nation unrecognizable,” Environment Minister Jason Nixon said in the Legislative Assembly on Tuesday. .“The job of our federal government is to keep our nation united,” Nixon said. .“But sadly, (Prime Minister Justin) Trudeau and his Liberal government are insisting on using laws to break our very country apart.”.The federal government will appeal the decision, Environment Minister Steven Guilbeault and Justice Minister David Lametti said in a joint statement. .“It is important to note that the decision of the Alberta Court of Appeal is advisory in nature and the Impact Assessment Act and regulations remain in force.”.The Canadian Taxpayers Federation, an official intervener in the court case against the legislation, was thrilled with the decision..“Today’s court decision against Ottawa’s No More Pipelines Law is a big win for taxpayers,” said Franco Terrazzano, Federal Director of the CTF..“We need to be able to develop Canadian resources to create jobs and get our neighbours back to work, and we also need these projects to help us pay for hospitals, schools and lower taxes.”.The CTF’s lawyer argued that the law blurs federal and provincial accountability for resource development and creates duplication within federal and provincial bureaucracies. .The CTF calculated that the pipeline deficit could cost taxpayers across the country $12.8 billion between 2013 and 2023 by reducing the federal government’s revenue. That means a lack of pipelines could cost each province and territory at least one new hospital between 2013 and 2023..“Resource projects help pay the bills and when they aren’t able to generate that revenue, politicians start looking to families to fill the budget gap,” said Terrazzano..“Taxpayers are being dragged further into debt because politicians are roadblocking Canadian resource projects and this court ruling makes it clear those legal obstructions are unconstitutional.”.Michelle Rempel Garner, MP for Calgary Nose Hill, said the ruling confirms what Albertans already knew — that C-69 was an unconstitutional, ideologically driven power grab by Trudeau aimed to destroy Alberta’s energy sector..“Now that Alberta’s highest court has weighed in on this issue, it can no longer be labeled a partisan debate. The courts have sided with Albertan sovereignty and ruled Bill C-69 unconstitutional.".“Justin Trudeau must respect the ruling of the independent judiciary by not seeking further appeals, recognize this legislation as unconstitutional and immediately repeal Bill C-69. Enough is enough.”.Alberta's appeal was supported by the governments of Saskatchewan and Ontario. .Kenney said he expects Alberta will be supported by most provinces in the federal government's Supreme Court appeal.
