(Ottawa) The Supreme Court of Canada ruled Friday against the Impact Assessment Act of the federal government, with five out of seven judges deeming it largely unconstitutional because it ultimately aims to regulate activities within provincial jurisdiction.
Chief Justice Richard Wagner, writing for the majority, said federal powers do not cover the list of projects subject to federal review under the law.
Justice Wagner said the impacts of these projects must fall within federal jurisdiction for a law to be constitutional.
In his 204-page judgment, he said the government had failed to make its case.
Two judges, however, disagreed, finding that the law was constitutional.
There Impact Assessment Actknown in Parliament as Bill C-69, is now the second such piece of legislation to be rejected by the courts.
In 2016, the Federal Court of Appeal invalidated the assessment law adopted by the Conservative government of Stephen Harper.