“involves determining the basic rules of the Canadian federation.”
On the other side, Ottawa has argued that Alberta’s highest court ignored the principle of “co-operative federalism” and shared jurisdiction over the environment. The federal Liberals also say under the legislation, Indigenous rights and climate concerns are better recognized as part of the approval process for development projects.
And if the hearing alone wasn’t consequential enough, arguments are being made in front of just seven justices, as opposed to the usual nine. The rare circumstance comes because Justice Russell Brown isafter an incident at an Arizona hotel in late January. Chief Justice Richard Wagner placed him on paid leave and Justice Michelle O’Bonsawin was designated to sit out this hearing, leaving just seven on the bench.
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