Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 19 OCTOBER 2023

Supreme Court Of Canada Finds Impact Assessment Act Unconstitutional

Davies Ward Phillips & Vineberg LLP
Explore more from Davies Ward Phillips & Vineberg LLP

On October 13, 2023, in a 5-2 split decision, the Supreme Court of Canada (SCC) found the federal Impact Assessment Act (IAA) to be, in part, unconstitutional in Reference re Impact Assessment Act.

CanadaLitigation, Mediation & Arbitration
Sarah Powell
Sarah Powell
Alexandria Pike
Alexandria Pike
Marie-Claude Bellemare
Marie-Claude Bellemare
Zachary Silver
Zachary Silver
Author LinkedIn connections

On October 13, 2023, in a 5-2 split decision, the Supreme Court of Canada (SCC) found the federal Impact Assessment Act (IAA) to be, in part, unconstitutional in Reference re Impact Assessment Act. The SCC determined that the IAA's treatment of "designated projects" was unconstitutional, as the IAA allows for decisions to be made in respect of such projects on grounds that are not sufficiently connected to adverse federal effects.

Background

The Alberta government had brought a reference to the Court of Appeal of Alberta, which concluded that the IAA, and the associated Physical Activities Regulations (Project List), were unconstitutional in their entirety. According to the Court of Appeal of Alberta, the IAA impermissibly intrudes on provincial powers to legislate in respect of natural resources and property and civil rights in the province. The Attorney General of Canada appealed that decision.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

BLG At The SCC – What’s Coming In The Supreme Court’s Fall 2026 Sitting Schedule

The Supreme Court of Canada held its second annual ceremony marking the opening of the judicial year at its temporary home in the West Memorial Building, with Chief Justice highlighting the Court's increased caseload and architectural features. What significant constitutional and legal challenges will the Court address in its fall 2026 session, including cases on firearm regulations, Crown immunity, and vicarious liability?
CanadaLitigation, Mediation & Arbitration
Borden Ladner Gervais LLP
Borden Ladner Gervais LLP
Article

Ontario Court Bifurcates Class Action As Practical Approach To Onerous Discovery Demands

An Ontario court granted a motion to bifurcate liability and damages stages in a class action alleging $500 million in hidden fees, finding that extensive documentary production requests were disproportionate and not relevant to determining liability. The decision addresses proportionality concerns in class actions where defendants face onerous discovery demands spanning millions of transactions over a decade.
CanadaLitigation, Mediation & Arbitration
Bennett Jones LLP
Bennett Jones LLP
Article

The Supreme Court Of Canada Reviews Québec’s Bill 21

Québec's Bill 21, enacted in 2019, bans public sector workers from wearing religious symbols and is shielded from most Charter challenges by the notwithstanding clause. The Supreme Court of Canada is now reviewing this controversial law, with a ruling expected as early as November 2026 or later in 2027. Former Minister of Justice Arif Virani discusses the court's struggle to balance competing constitutional principles in this landmark case.
CanadaLitigation, Mediation & Arbitration
Torys
Torys
Article

The Coldcard Exploit: Why Victims May Have Two Routes To Recovery

A five-year-old firmware defect in Coldcard hardware wallets has enabled attackers to systematically drain an estimated $116 million in Bitcoin from over 5,200 victims since July 2026. This unprecedented exploit raises critical questions about manufacturer liability and creates two distinct legal pathways for recovery: blockchain tracing against the perpetrators and potential litigation against Canadian manufacturer Coinkite for product defects that undermined the fundamental security promise of devices mar
CanadaLitigation, Mediation & Arbitration
WeirFoulds LLP
WeirFoulds LLP
Article

Supreme Court Strikes Down Privative Clause: What Democracy Watch v Canada Means For Administrative Decision-makers

The Supreme Court of Canada has unanimously struck down a privative clause in the Conflict of Interest Act that attempted to bar judicial review of the Ethics Commissioner's decisions. The ruling establishes that the Constitution guarantees a minimum of legality review over all administrative decisions, with implications extending to labour relations, workers' compensation, and immigration legislation containing similar clauses.
CanadaLitigation, Mediation & Arbitration
Miller Thomson
Miller Thomson
Article

Key Takeaways From All In 2026: AI Sovereignty, Infrastructure And Canada’s Growing Role

Canada and Germany are making unprecedented investments in AI infrastructure and safety research, while major players like Cohere, OpenAI, and Bell position themselves in a rapidly evolving landscape of technology sovereignty. How will these strategic moves reshape the global AI race and what do they mean for businesses navigating data residency, vendor relationships, and emerging regulatory frameworks?
CanadaStrategy
Davies Ward Phillips & Vineberg LLP
Davies Ward Phillips & Vineberg LLP
Article

From Compliance To The Courtroom: Navigating Canada’s Rapidly Escalating Anti-Money Laundering Enforcement Landscape

Canada's anti-money laundering enforcement regime is undergoing a seismic shift, with FINTRAC issuing record penalties and new legislation increasing penalty caps by up to 40 times. Understanding how to navigate the enforcement pipeline—from examination through Federal Court litigation—is now critical for reporting entities facing unprecedented regulatory scrutiny.
CanadaGovernment, Public Sector
Davies Ward Phillips & Vineberg LLP
Davies Ward Phillips & Vineberg LLP
Article

Investment Canada Act - Guide For Foreign Investors In Canada: 2026

Davies' Investment Canada Act guide provides foreign investors with essential information about national security reviews and net benefit assessments when establishing or acquiring Canadian businesses. The comprehensive resource outlines review processes, timing considerations, and regulatory requirements that non-Canadian entities must navigate when investing in Canada.
CanadaGovernment, Public Sector
Davies Ward Phillips & Vineberg LLP
Davies Ward Phillips & Vineberg LLP
Article

Building Canada Strong: Major Projects Acceleration

Canada's federal government has introduced sweeping regulatory reforms aimed at accelerating major project approvals through compressed timelines and streamlined coordination. The Building Canada's Success Act establishes a one-year federal review period for designated projects while creating new mechanisms for regional preapprovals and consolidated decision-making. These changes fundamentally reshape how infrastructure and resource projects navigate federal environmental assessments and permitting processe
CanadaGovernment, Public Sector
Davies Ward Phillips & Vineberg LLP
Davies Ward Phillips & Vineberg LLP