It is only within the conservative political sphere that new obstacles to the fight against climate change from Justin Trudeau’s government are emerging. Two court decisions, handed down in quick succession, have in turn weakened this liberal environmental framework.
In trying to force this ecological shift over the years, the federal Liberals have notably reformed the environmental impact assessment process and banned certain single-use plastic items. In both cases, Ottawa erred, by introducing measures that were “overbroad” and therefore unconstitutional, the Supreme Court and the Federal Court ruled in the last six weeks.
Decisions which fortunately remind us of the exclusive jurisdiction of the provinces in these areas, after having denied it to them in the matter of carbon pricing. But which, at most two years before a next election, sends the Trudeau government back to quickly do its homework if it wishes to strengthen, this time while respecting its own jurisdiction, its climate legacy today increasingly more shaky.
Neither liberal law involved has been struck down. The decree indexing six single-use plastic products to the list of toxic substances was deemed too broad, “unreasonable” and was thus canceled by the Federal Court. Environment Minister Steven Guilbeault announced that Ottawa would appeal. But the law referring to the decree to ban these products from the end of the year remains unchanged. At least, as long as it is not also contested.
To see citizens, right-wing politicians and the premiers of Alberta and Saskatchewan still protesting in 2023 about having to shop with reusable bags, it is a safe bet that such an anachronistic protest will not will be delayed.
The liberal environmental impact assessment law also remains in place. The Supreme Court declared only one part of it unconstitutional, relating to the study of projects not directly under federal jurisdiction, in a non-binding opinion. Minister Guilbeault nevertheless promised, in order to take this into account, to quickly amend Bill C-69 in question.
These two recent judicial opinions reinforce the conservative provinces in their stubbornness to oppose any climate action that is too ambitious in their more than cautious eyes. Just like the Trudeau government itself did, by cutting its own carbon pricing regime to temporarily exempt oil heating.
In addition to the legal guidelines provided for the liberal environmental plan, there is also a growing defection of the population. Economic concerns are eclipsing climate anxiety and responsibility.
The environment is now a priority for only 22% of Canadians, compared to 40% four years ago. The cost of living and the fight against inflation dominate the list of concerns for 62% of respondents. Angus Reid’s recent survey also reveals that more than half of Canadians (56%) now oppose carbon pricing.
There are no longer any predictions of failure to achieve Canada’s climate targets. Here are so many new obstacles that will slow down this race against time, which is already running out of steam.