Wednesday, February 8, 2023
HomeNatureIntervening for Nature on the Supreme Court docket

Intervening for Nature on the Supreme Court docket


In Could 2022, an Alberta Court docket of Enchantment majority held that the federal Impression
Evaluation Act is unconstitutional. Nature Canada disagrees, and is making ready
to intervene on behalf of nature within the attraction to the Supreme Court docket of Canada
this March 2023. As Nature Canada—represented by West Coast
Environmental Legislation—argued earlier than the Alberta courtroom, the Impression Evaluation
Act is affordable, justified and falls squarely inside federal jurisdiction.

The attraction has each probability of success within the Supreme Court docket. This case
issues as a result of it is going to verify the extent to which federal authorities can
inform themselves in regards to the potential impacts, dangers and advantages of enormous
growth initiatives that may hurt nature, local weather or human well-being,
or affect Indigenous rights. In different phrases a regulation to “look earlier than you leap”, as
properly as a key course of for the general public to have a say in initiatives that have an effect on them,
and to hunt the free, prior and knowledgeable consent of Indigenous individuals.

The Alberta Court docket’s opinion perpetuates the parable that this regulation—previously
often called Invoice C-69—will cease all growth in its tracks. Actually, federal
affect evaluation has led to the rejection of lower than a handful of
growth initiatives over three a long time. The declare additionally ignores the truth that
the Impression Evaluation Act applies to roughly a dozen initiatives a yr throughout
Canada. The notion that the regulation is an financial chokehold as claimed by the
Alberta Court docket of Enchantment is just unsupported by information.

Impression evaluation is simply good decision-making. On this age of local weather and
biodiversity crises, and of accelerating recognition of the necessity to uphold
Indigenous rights, this regulation is extra necessary than ever. Nature Canada is
making ready our authorized arguments on this combat for nature, and we’re assured
the Supreme Court docket will agree when this case is heard, in only a few weeks time.
Take into account making a donation right now to assist help our efforts to face up for
robust environmental legal guidelines in Canada.



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