Should environmental impact of big projects be assessed by Ottawa? Supreme Court set to weigh in

This case is likely a preview of further legal challenges as Ottawa pushes ahead on a Clean Electricity Standard, a cap on oil and gas emissions and more span Canada’s next big environment/energy/jurisdictional battle is at the Supreme Court of Canada next week.But reference cases are still likely to shape policy direction – a key example being in March, 2021, when the Supreme Court ruled that Ottawa has the authority to impose a minimum price on greenhouse gas emissions.The Supreme Court majority said the provinces are incapable of addressing climate change effectively on their own.Speaking to the 1867 constitutional division of powers, the submission from the Mikisew Cree to the Supreme Court says, “the federal Crown, as the more distant level of government, was – and remains – more likely to respect the reserves and treaties.

Back at the Supreme Court of Canada, adding to the confusing legal mix is Justice Russell Brown being on paid leave because of a complaint made after a physical altercation in an Arizona hotel.Now, Supreme Court Chief Justice Richard Wagner must choose whether to sit with eight judges and risk a tie, or designate a judge to sit out, which could influence the result.