The federal government is asking the Supreme Court to overrule a Court of Appeal of Alberta opinion that declared the 2019 IAA to be unconstitutional.
The appeal, which is one the most significant in the Supreme Court’s winter term, is drawing 29 intervenors, including Indigenous groups, environmentalists, business groups and seven provinces. Environmentalists and most Indigenous organizations are siding with the federal government, while industry and some Indigenous organizations and all but one province are backing Alberta.
Ottawa will try to convince the Supreme Court that it already established federal jurisdiction over the environment three decades ago when it ruled the federal government had the authority to conduct an environmental assessment of a major dam being built in Alberta. The 1992 decision in the case of the Oldman River Dam recognized the federal government’s power to enact legislation preventing detrimental environmental effects, the federal government says.
The Indian Resource Council, a group representing more than 130 First Nations involved in oil and gas production, is siding with Alberta. The council says in its legal arguments that the IAA creates “a federal veto” and
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