Thanks for signing up!The next issue of Your Midday Sun will soon be in your inbox.At the time the Supreme Court was hearing the appeal of the Alberta ruling, I boldly predicted the justices would “admit the law is unconstitutional but find some excuse to allow it anyway.”Friday, the Supreme Court not only ruled the IAA was largely unconstitutional, to my surprise it struck down enough of the law to make it hollow.
For instance, it contained clauses elevating “Indigenous knowledge” and gender sensitivity to the same level as scientific assessment of environmental impact in determining whether future pipelines, hydro dams, oilsands developments and other energy projects should go ahead.An Indigenous knowledge policy was released last September, but it too failed to provide a tangible definition.
The elected chiefs of the Indigenous communities along the route were in favour, but the largely ceremonial hereditary chiefs were opposed. It would have been very easy under the IAA for federal regulators to ignore the democratic chiefs and kill the GasLink line, which is currently expected to be completed later this year or early next.There was another great hazard if the Supreme Court had upheld the IAA – the threat to national unity.
Friday’s ruling at least won’t add to western alienation and the possibility of western separatism becoming a force.
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