Alberta 5, Ottawa 2- Re. Impact Assessment Act (Part 2)
Before turning to the dissenting opinion, it may be instructive to note some of the key points made by the Alberta Court of Appeal (ABCA) in their 10 May 2022 reference decision. The reference opinion may be found at CanLit.
ABCA Majority
In the majority ABCA opinion, considerable space was devoted to the history, purpose and scope, of the section 92A resource amendment (paras 74-83). The majority contended
Provincial governments should not be faulted for focussing their attention on matters important to their citizens. That includes not only the environment but also the economy. It is a false dichotomy to suggest that the two are mutually exclusive. Without a strong economy, a province’s ability to respond to the needs of its citizens, including meeting the challenges of climate chang...