Court quashes Liberals' Bill 69
Alberta argued `no more pipelines law' contravenes provincial rights
EDMONTON — In what Premier Jason Kenney called a “historic victory,” Alberta's top court shot down a keystone piece of the Liberal government's environmental legislation, calling it a “clear and present danger” to Canada's constitutional order.
In 2019, Prime Minister Justin Trudeau's Liberal government passed Bill C-69, a piece of legislation that overhauled the approvals process for infrastructure projects and gave Ottawa the power to consider the effect of resource projects on environmental and social issues, including climate change.
At the time, the oil and gas sector — worth billions to the economies of Alberta and Canada — said the legislation would hamstring industry. The legislation, along with the companion Bill C-48 — which formalized a tanker ban off the northwest B.C. coast — spawned protests across the West.
Dubbed the “no more pipelines law” by Kenney's United Conservatives, the Alberta government went to court in September 2019, seeking to have the legislation — officially the Impact Assessment Act — declared unconstitutional. On Tuesday, the court did so, declaring the legislation “a classic example of legislative creep” as the federal government used the cover of environmentalism to expand its powers. While it noted climate change constitutes an “existential threat,” the bill was itself a threat to Canadian federalism and the division of powers.
“If upheld, the (legislation) would permanently alter the division of powers and forever place provincial governments in an economic chokehold controlled by the federal government,” the majority of a five-justice panel wrote.
The Liberal government indicated it will appeal.
The decision is not binding and the legislation remains in effect, but it represents a victory for Kenney's government
“This is a huge win for the people of Alberta, for their right, responsibly, to develop their resources,” said Kenney. “Today's victory is a huge vindication of Alberta's strategy to fight for a fair deal.”
The justices wrote federalism and the division of powers are “not an academic matter” in Western Canada, where, in the early days of Confederation, the region was beggared for the benefit of Central Canada. The legislation, the justices wrote, takes a “wrecking ball” to the constitutional rights of Alberta and Saskatchewan to develop their own resources.