Environmental law charity urges Canada to ensure robust legislation that affirms Indigenous rights
Ecojustice, a Canadian environmental law charity, has criticized the federal government’s choice not to appeal the Court of Appeal of Alberta’s decision in connection with the constitutionality of the amended Impact Assessment Act, 2019 (IAA).
In Reference re Impact Assessment Act, as amended, 2026 ABCA 320, the appeal court’s majority considered the IAA unconstitutional. Ecojustice noted that the judgment placed emphasis on the legislation’s definition of “adverse effects within federal jurisdiction” and decision-making provisions.
“We are deeply disappointed that the federal government has chosen not to appeal this decision,” said Charlie Hatt, Ecojustice’s climate director, in a press release. “At a time when Canada needs strong federal environmental oversight more than ever, this decision creates significant uncertainty about the future of impact assessment in this country.”
According to Ecojustice, the Canadian government’s refusal to appeal casts doubts on:
- the future of Canadian impact assessment legislation, which should be robust and capable of subjecting large projects to meaningful scrutiny
- the federal government’s commitment to protect the environment
“Canadians deserve a federal government that is prepared to defend its jurisdiction to assess the environmental consequences of major projects and ensure decisions are made in the public interest,” Hatt said.
Ecojustice’s recommendations to federal government
Ecojustice called on the Canadian government to:
- Immediately address the uncertainty arising from its decision not to appeal the Alberta Court of Appeal’s ruling
- Ensure strong and constitutionally sound federal impact assessment law that safeguards the environment and affirms Indigenous rights
- Reconsider Bill C-39, which would have negative impacts on Canada’s assessment, approval, and environmental oversight processes
“We urge the government to engage with Indigenous peoples, environmental experts, and the public about establishing a strong, constitutionally sound federal impact assessment law,” Hatt said in Ecojustice’s press release.
More Ecojustice news
In September, the Federal Court refused to strike a climate accountability case brought by three youth applicants, Environmental Defence Canada, and the Canadian Association of Physicians for the Environment over the federal government's approach to greenhouse gas emissions. An Ecojustice lawyer represented the applicants.
Three lawyers for Ecojustice authored a May 4 letter advising the Canadian government, its ministers, and Crown corporations of potential constitutional challenges in the event of new or expanded public financing or subsidies for a new oil pipeline or large-scale fossil fuel projects such as Ksi Lisims LNG and LNG Canada phase 2.
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