It’s the showdown we’ve been waiting for..Last week, the Supreme Court heard arguments on the federal government’s controversial Impact Assessment Act..The law was passed by the federal Liberals in 2019 and is commonly known as the “No More Pipelines Law”..But the law is much worse than its nickname suggests..It gives the federal government the power to block the construction of a wide range of energy and infrastructure projects — not just pipelines..And these projects that can be blocked aren’t just inter-provincial projects, like pipelines or railways that cross provincial borders (where the federal government has a legitimate — though still limited — role to play)..No, the Impact Assessment Act also claims to give the federal government the authority to reject projects that are being built entirely within a single province, simply because the project might affect something that the federal government is partially responsible for..This is a clear infringement on provincial constitutional jurisdiction..It would give near limitless power over every aspect of economic activity to the federal government, because it would allow Ottawa to shut down projects not on the merits of the project itself, but on some perceived impact it may or may not have on some other area of federal jurisdiction..In 2021, I wrote about how the Supreme Court case on the federal carbon tax was the culmination of a long effort by the federal government to use environmental issues as a back door to regain control over natural resources..I explained that, in effect, the federal government's argument was that because the environment is a federal matter, and because natural resources impact the environment, then the federal government should have control over natural resources too..I warned that, if we accepted that logic, the federal government could take control of practically anything, by simply claiming that thing affects a matter of federal jurisdiction..My prediction came true, with the federal Impact Assessment Act, and last week’s court case will decide whether this fundamental restructuring of Canadian confederation will be allowed to stand..Such is the magnitude of the potential harm, seven other provinces joined Alberta’s side in the court case..Ontario, Quebec, British Columbia, Manitoba, New Brunswick, Newfoundland and Labrador, and Saskatchewan are all acting as interveners in the case..No provinces sided with the federal government, but a whole host of extremist environmental groups did..These extremist groups know that if the Supreme Court upholds the federal Liberals' law, the federal government will have the power to shut down Alberta’s oil and gas industry for good..That won’t happen overnight, of course — they’ll need to keep lobbying for that to happen..But, the highest court in the land will have agreed that the federal government can do so if they choose..With both sides’ cases having been heard, the Court will now deliberate on the case and return with a decision at an unspecified time..We can’t afford to wait though..A victory by the federal government in this case might very well be the final straw..It would give Ottawa the ability to dictate to provinces whenever it wants, on pretty much whatever it wants..That’s not the Canada we signed up to..That’s not how Confederation is supposed to work..We think a decision like that could trigger a constitutional crisis, and we could be headed toward a constitutional convention sooner rather than later..A constitutional convention where either the balance of confederation will be restored, or permanently collapse.
