For those keeping score, the courts found Stephen Harper’s environmental review of industrial projects too weak, and now deem Justin Trudeau’s version too expansive. There is a lot to untangle.. But in matters of the environment and industry, these powers intersect. Conflict ensues – and the only real lasting solution is, even if it currently appears unlikely, co-operation.
The previous review regime, enacted under Mr. Harper in 2012, had been designed to speed projects through assessments to construction. But courts found the law lacked adequate rigour, most prominently in 2018 when federal approval of the Trans Mountain oil pipeline was quashed.the new decision but incorrectly claimed it meant Ottawa has no say in a project like an oil sands mine.
What’s certain is all this stokes more uncertainty than clarity. If a company wants to build a critical minerals mine, a vast wind farm or a natural gas pipeline – all taking years of planning for a project that would be in service for decades, bolstering the economy – it surely is discouraging to watch these legal sagas play out.
What’s also certain is Canada needs to rapidly reduce emissions. Friday’s ruling effectively puts an added onus on Alberta and the provinces. Alberta says it aspires to net zero by 2050 butabout how to get there. With the Supreme Court clarifying Ottawa’s ambit, Alberta must do more than oppose Ottawa. The Liberals, meanwhile, are chastened. One of their signature laws was exposed as sloppily written, like Mr. Harper’s was. Ottawa needs to figure out a framework that works.
It’s easy to predict more legal clashes ahead but federalism works best when it is co-operative. Chief Justice Wagner underscored that in: Ottawa and the provinces should “exercise their respective powers over the environment harmoniously.” It sounds overly optimistic. Tangled messes do not portend harmony. But therein is the real lesson of Friday’s decision. Ottawa has to be a little less bossy, and the provinces need to step up their climate ambitions.
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