Canada’s top court has ruled that certain aspects of the Liberal government’s law strengthening environmental reviews for energy and mining projects are unconstitutional. The decision, made by a 5-2 majority, asserts that the legislation interferes with the exclusive rights of provinces to manage their natural resources. This ruling may prove to be a setback for Prime Minister Justin Trudeau, who has prioritized implementing a more rigorous climate-change policy and reducing fossil-fuel emissions from energy projects.
Constitutional Overreach by Parliament
Balancing Federal and Provincial Jurisdiction
Clash Between Trudeau Government and Provinces
This ruling is the latest development in an ongoing legal dispute between the Trudeau government and the provinces regarding modern environmental policy. The Liberal government has been determined to reduce carbon emissions as part of its strategy to address climate-change impacts. In 2021, the top court upheld the constitutionality of the federal government’s carbon tax, which is a central component of the Liberal government’s environmental-policy agenda. This decision came after the provinces challenged the carbon tax in court.
