Alberta’s lawyer told the Supreme Court on Wednesday that Ottawa is imposing its own rules, focused on federal priorities
The provinces’ rights to determine their own future are being undermined by the federal government’s assumption of
Justice Mahmud Jamal, wondering about pollution that goes beyond provincial borders, said: “I guess the question is, if Canada doesn’t have jurisdiction, who does?” , which enables Ottawa to regulate natural-resource and other projects based on effects that fall into federal jurisdiction – such as on Indigenous peoples, birds, fish, and climate change.
New Brunswick took issue with a cri de coeur from the dissenting Alberta appeal judge on the need for co-operation in an environmental crisis. Ontario’s lawyer, Joshua Hunter, told the court that no minimum level of risk needs to be shown before the federal government invokes an environmental review process that can last years. If the Environment and Climate Change Minister believes there is a public concern, he can hold up a project.
Mr. Irvine replied, “I think that is our major concern with all of this.” Protecting the fish would be anchored in federal jurisdiction, he said; choosing one energy form over another would not.“We’re asking the court not to give the federal laws more favourable treatment than provincial ones,” Frédéric Perreault, the province’s lawyer, said.
Justice Andromache Karakatsanis said she was interested, but Justice Nicholas Kasirer said he found one aspect
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