Some legal experts say a Supreme Court of Canada ruling that found much of Ottawa's environmental assessment law unconstitutional will have no impact on other federal moves such as clean electricity regulations or oilsands emissions caps.
Some political leaders immediately went on the offensive, claiming the ruling carved out areas of exclusive provincial jurisdiction. They said future federal moves to regulate greenhouse gas emissions are dead in the water. "The constitutional framework they have for it is a smattering of cases from decades ago," he said. "The previous constitutional jurisprudence will need to be updated."Andrew Leach, an environmental economist in the University of Alberta's law faculty, pointed out that the Supreme Court decision upheld federal use of criminal power in environmental legislation as recently as 2020.
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