In Could 2022, an Alberta Court docket of Attraction majority held that the federal Affect
Evaluation Act is unconstitutional. Nature Canada disagrees, and is getting 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 Affect Evaluation
Act is affordable, justified and falls squarely inside federal jurisdiction.
The enchantment has each probability of success within the Supreme Court docket. This case
issues as a result of it should verify the extent to which federal authorities can
inform themselves concerning the potential impacts, dangers and advantages of huge
growth initiatives that may hurt nature, local weather or human well-being,
or affect Indigenous rights. In different phrases a regulation to “look earlier than you leap”, as
properly 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 individuals.
The Alberta Court docket’s opinion perpetuates the parable that this regulation—previously
referred to as Invoice C-69—will cease all growth in its tracks. In reality, federal
affect evaluation has led to the rejection of lower than a handful of
growth initiatives over three many years. The declare additionally ignores the truth that
the Affect Evaluation Act applies to roughly a dozen initiatives a 12 months throughout
Canada. The notion that the regulation is an financial chokehold as claimed by the
Alberta Court docket of Attraction is solely unsupported by info.
Affect evaluation is simply good decision-making. On this age of local weather and
biodiversity crises, and of accelerating recognition of the necessity to uphold
Indigenous rights, this regulation is extra necessary than ever. Nature Canada is
getting ready our authorized arguments on this combat for nature, and we’re assured
the Supreme Court docket will agree when this case is heard, in only a few weeks time.
Take into account making a donation at this time to assist assist our efforts to face up for
sturdy environmental legal guidelines in Canada.
