Two wins, a loss, and a question mark: What the Impact Assessment Act reference case means for the environment

On October 13, 2023, the Supreme Court of Canada released its opinion on the constitutionality of the Canadian Impact Assessment Act, with a 5-2 majority, led by Chief Justice Wagner, finding that the federal government has overstepped its jurisdiction in parts of the Act. Justices Karakatsanis and Jamal dissented, finding that the Act and regulations are constitutional. 

Intervening to uphold the Impact Assessment Act in Canada’s highest Court

On March 21-22, the Supreme Court of Canada (SCC) will hear arguments over one of the country’s most fundamental federal environmental laws – the Impact Assessment Act. West Coast Environmental Law is intervening in the case on behalf of ourselves and Nature Canada, alongside a number of other intervenors who agree that the Act must be upheld.