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'Trojan Horse"

Alberta Appeal Court says federal environmental impact law not OK

May 10, 2022 | 2:04 PM

Prime Minister Justin Trudeau says the government will appeal a legal opinion that says a federal environmental impact law is unconstitutional.

The Alberta Court of Appeal is siding with the province against the act, which allows Ottawa to consider the effects of new resource projects on a range of environmental and social issues, including climate change.

Alberta had called it a “Trojan Horse” and argued the law could use those concerns to greatly expand the range of federal oversight into areas of provincial jurisdiction.

Alberta was supported in its challenge by the governments of Saskatchewan and Ontario.

A wide array of environmental and legal groups intervened in supporting Ottawa.

NDP Leader Rachel Notley issued the following statement in response to the Alberta Court of Appeal ruling that Bill C-69 is unconstitutional:

“We have had serious objections to Bill C-69 and the approval process it outlines since it was first introduced. That’s why, as Premier, I went to the Senate to voice these objections, propose amendments and represent Alberta.

“Bill C-69 still does not provide the certainty Alberta needs, still fails to guarantee reasonable timelines, and still allows arbitrary intervention at the ministerial level. This creates uncertainty and is bad for investment and Alberta jobs.

“Completing projects like the Trans Mountain Expansion requires certainty. Getting TMX done requires an incredible coordinated effort to do Indigenous Consultations fully, and to meet and monitor environmental standards. Individual communities and proponents should not have to make up this process as they go. It simply needs to be a part of the law.

“We argue that the best place for most of this regulatory work is in Alberta, made-in-Alberta, by a government that demonstrates it has high standards, clearly communicated and efficiently applied.

“Today’s decision is likely to go to the Supreme Court. I am concerned about the UCP leading this legal challenge given their long history of declaring victory at the second intermission before ultimately failing.

“In fact, the UCP’s entire energy strategy has failed. They have failed to improve approval processes or gain additional market access while losing $1.3 billion on their Keystone XL photo op, and wasting money on the War Room and the Allan inquiry.

“We need a reliable process to build infrastructure that protects our environment while growing and diversifying our economy to create jobs.”