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The Supreme Court has found the Trudeau government’s Impact Assessment Act, dubbed the no more pipelines act by Conservatives, is unconstitutional and goes beyond the federal government’s powers.
The bill, passed in 2019, overhauls the federal government’s role in major projects, allowing it to consider the broader impact of climate change when assessing major natural resources projects like mines and pipelines. In a 5-2 decision, the court found that the law could apply to projects on federal land or those receiving federal financing, but said the federal government was acting outside of its jurisdiction if it wished to apply the law more broadly.
Chief Justice Richard Wagner wrote the majority decision and said the government has a role to play in protecting the environment, but it also has to respect the bounds of the constitution.Jamie Sarkonak: Liberals defer to secret spiritual beliefs to approve energy projects “Environmental protection remains one of today’s most pressing challenges, and Parliament has the power to enact a scheme of environmental assessment to meet this challenge, but Parliament also has the duty to act within the enduring division of powers framework laid out in the Constitution,” Wagner wrote.
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