NSCL - Is Federal Environmental Impact Assessment legislation unconstitutional?

Monday, November 27, 2023

In October, the Supreme Court of Canada released its opinion in the IAA Reference case [Reference re Impact Assessment Act 2023 SCC 23 (CanLII)]. To the surprise of many the SCC majority held that the federal government’s legislative scheme for environmental review of major resource projects was unconstitutional.

What does this decision actually mean?

What will be its impact on future environmental reviews, and future constitutional battles, over issues such as federal clean electricity regulations and an oil and gas greenhouse gas emissions cap?