In Might 2022, an Alberta Court docket of Attraction majority held that the federal Impression
Evaluation Act is unconstitutional. Nature Canada disagrees, and is making ready
to intervene on behalf of nature within the enchantment to the Supreme Court docket of Canada
this March 2023. As Nature Canada—represented by West Coast
Environmental Regulation—argued earlier than the Alberta court docket, the Impression Evaluation
Act is cheap, justified and falls squarely inside federal jurisdiction.
The enchantment has each likelihood of success within the Supreme Court docket. This case
issues as a result of it would affirm the extent to which federal authorities can
inform themselves concerning the potential impacts, dangers and advantages of enormous
growth initiatives which may hurt nature, local weather or human well-being,
or impression Indigenous rights. In different phrases a legislation to “look earlier than you leap”, as
effectively as a key course of for the general public to have a say in initiatives that have an effect on them,
and to hunt the free, prior and knowledgeable consent of Indigenous folks.
The Alberta Court docket’s opinion perpetuates the parable that this legislation—previously
often called Invoice C-69—will cease all growth in its tracks. In truth, federal
impression evaluation has led to the rejection of lower than a handful of
growth initiatives over three a long time. The declare additionally ignores the truth that
the Impression Evaluation Act applies to roughly a dozen initiatives a yr throughout
Canada. The notion that the legislation is an financial chokehold as claimed by the
Alberta Court docket of Attraction is solely unsupported by information.
Impression evaluation is simply sensible decision-making. On this age of local weather and
biodiversity crises, and of accelerating recognition of the necessity to uphold
Indigenous rights, this legislation is extra vital than ever. Nature Canada is
making ready our authorized arguments on this battle for nature, and we’re assured
the Supreme Court docket will agree when this case is heard, in just some weeks time.
Contemplate making a donation in the present day to assist help our efforts to face up for
sturdy environmental legal guidelines in Canada.