If the Liberals keep unilaterally amending the Impact Assessment Act without addressing its constitutional flaws, Alberta will sue them. Again.
Alberta Premier Danielle Smith sent a letter to Prime Minister Justin Trudeau on Thursday warning that another legal challenge will be brought against the Liberals if they do not express intent to amend the Impact Assessment Act within the next four weeks.
The letter included 14 pages of Alberta’s proposed amendments that the feds need to make.
Various ongoing concerns need to be addressed, said Smith, including the need to eliminate federal encroachment into provincial jurisdiction. The province added that the Liberals need to recognize equivalency with Alberta’s environmental assessment to substitute the federal impact assessment, among numerous other concerns listed in the letter.
Smith’s letter was CC’ed to provincial ministers Micky Amery, Rebecca Schulz, and federal ministers Arif Virani, Steven Guilbeault, and Conservative Leader Pierre Poilievre.
The Supreme Court of Canada ruled that the Liberals’ Impact Assessment Act was largely unconstitutional in Oct. 2023.
Following the ruling, Smith invoked the Sovereignty Act to defend the province from Ottawa’s decision to mandate a net-zero electricity grid by 2035.
In response to the initial ruling, the Liberals tabled various amendments. However, they did not consult Alberta. The federal government didn’t even tell Alberta the amendments were being tabled in the House of Commons.
The Liberals made further amendments to the Impact Assessment Act on July 20.
“Those amendments were not meaningfully consulted on and do not address the issues with the legislation that have been raised repeatedly, and do not correct the constitutional deficiencies identified by the Supreme Court of Canada,” said the Alberta government in a press release issued Friday.
“Additionally, the federal government’s Impact Assessment Act continues to create uncertainty for major infrastructure projects by allowing Ottawa to derail, delay, and interfere in virtually any project,” reads the release. “Alberta’s government is now calling for action before it is too late.”
Smith said that repeated requests have been made for collaboration.
“The amendments your government passed do not address Alberta’s concerns with the IAA, nor do they adequately address the Supreme Court of Canada’s ruling,” said Smith. “The situation could have been avoided if, following Alberta’s Supreme Court victory, your government agreed to meaningfully consult with the province.”
The premier added that only by instituting the proposed amendments from her province will the Liberals be constitutionally compliant.
“Alberta’s proposed amendments should be tabled immediately. We continue to call on your government to learn the lessons from the Supreme Court decision and abandon your ongoing unconstitutional efforts to seize regulatory control over our natural resource sector,” wrote Smith. “Instead, we invite you to come to the table in good faith and work with Alberta to align our mutual efforts on emissions reductions and the development of our world-class energy sector.”
However, if the Liberals continue to ignore Alberta, Smith said that options will be considered on how to best defend the province.
Alberta previously threatened to take the feds to court for the government’s proposed plastics registry and production cap.
The federal court had already sided with Alberta and Saskatchewan in another case, finding that Ottawa’s listing plastics as toxic to ban single-use plastics was “both unreasonable and unconstitutional.”
Smith gave Trudeau a four-week deadline. If no “satisfactory response” is given in that timeframe, she noted her intent to bring a further legal challenge.
“Alberta has won in court twice in the past year and, if needed, we are ready to win again,” said Smith.
