The Liberal Government's Contempt of the Constitution

The Supreme Court of Canada (SCC) has just released its decision concerning the constitutionality of the federal Impact Assessment Act (IAA). The decision was made in the context of a reference to it by the Federal Government under s. 53(1) of the Supreme Court Act. This reference was an appeal from the reference decision of the Alberta Court of Appeal.

The SCC held that most of the IAA is unconstitutional as the Federal Government acted beyond its jurisdictional powers as conferred under the Constitution Act, 1982.

Various members of the Federal Cabinet, including the Environment Minister, Stephen Guilbeault, and the Minister of Energy and Natural Resources, Jonathan Wilkinson, have said, to the effect, the SCC decision is 'advisory only' or 'only an opinion' implying that the decision is not legally binding on the Federal Government. They have said it is business as usual under the IAA.

Section 52(1) of the Constitution Act, 1982, says as follows:

"The Constitution of Canada is the supreme law of Canada, and any law that is inconsistent with the provisions of the Constitution is, to the extent of the inconsistency, of no force and effect."

The SCC has held that portions of the IAA are 'ultra vires', meaning they are in excess of Federal powers or authority and, as a result, are inconsistent with the provisions of the Constitution. These provisions are therefor of no force and effect. It cannot be clearer than that.

For those looking for a more detailed analysis of this issue, I refer you to this article.