Western Canada: Alberta court concludes federal environmental law is unconstitutional in dispute headed for the Supreme Court

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The 4-1 opinion from the court is not binding but represents an early victory for Alberta Premier Jason Kenney against what he has condemned as the ‘no more pipelines law’

Mr. Kenney could barely contain his delight at the court’s opinion, describing it as a “huge win” for Alberta and talking about it in historic terms. Mr. Kenney and his Environment Minister, Jason Nixon, both incorrectly claimed that the court’s conclusion is binding and takes effect immediately, even though the outcomes of constitutional references are considered non-binding, advisory opinions.

The court’s opinion does, however, put the law on a collision course with the Supreme Court of Canada, whose decision, while also technically non-binding, would, in practice, represent the final word on the matter. It’s not clear how long that appeal process will take, though it was about two years between the first carbon tax decisions at the appeal courts in Ontario and Saskatchewan and the Supreme Court of Canada’s eventual ruling.Environmental law charity Ecojustice said it is disappointed in the majority opinion, calling it a “setback.” One of the organization’s lawyers, Joshua Ginsberg, said in a statement that the Alberta government should not stand in the way of progress as climate change advances.

Lisa Baiton, president of the Canadian Association of Petroleum Producers, said the industry’s largest lobby group agrees with the ruling and that provinces are best-positioned to review and regulate resource-development projects.

 

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There is no climate emergency, so the feds argument is based on a probable lie.

Don't believe it for a minute. Look forward to this ruling being struck down by the Supreme Court.

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