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ARTICLE · 17 OCTOBER 2023

Supreme Court Of Canada Rules Impact Assessment Act Unconstitutional

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The Supreme Court of Canada (SCC) has issued an opinion that the Impact Assessment Act (IAA) and its Physical Activities Regulations are largely unconstitutional.

CanadaEnvironment
E. Mellett
E. Mellett
Sean Assié
Sean Assié
Adam Williams
Adam Williams
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The Supreme Court of Canada (SCC) has issued an opinion that the Impact Assessment Act (IAA) and its Physical Activities Regulations are largely unconstitutional.

In a five to two decision written by the Chief Justice, the majority (Wagner CJ, Cote, Rowe, Martin, Kasirer JJ. concurring) determined that the legislation, enacted in 2019 through Bill C-69, exceeds Parliament's law-making jurisdiction, with the exception of the part dealing with federal funding and activities on federal lands (subsection 81-91 of the IAA). In a dissenting opinion, a minority of the Court (Karakatsanis and Jamal JJ.) concluded that the IAA and the regulations are constitutional in their entirety.

According to the SCC majority:

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