The Extensive Expansion of Federal Jurisdiction Through Environmental Policies

Two different pieces of environmental legislation have been challenged in recent Canadian court cases, leading to questions about the extent of federal jurisdiction and potential expansion of boundaries by politicians. On November 16, a Federal Court judge declared the federal government’s classification of all plastic products as toxic, which would bring them under the federal Canadian Environmental Protection Act, to be “unreasonable and unconstitutional.” This classification was used to justify the government’s single-use plastic ban legislation, but it was perceived as a method of expanding a wider ban. Plastic-based businesses brought this matter to court, arguing that it could unfairly affect their industry and could be a way for the federal government to take control of the oil and gas industry. Additionally, the Supreme Court ruled against the federal government’s Impact Assessment Act, stating that it infringed on provincial jurisdiction. The government plans to amend this act, but its redrafted legislation and its potential for facing legal challenges are unclear. Similarly, Chief Justice Richard Wagner stated that the recent 2021 decision on carbon pricing was limited to a specific regulatory mechanism and that the federal government cannot extend its power over areas falling under provincial jurisdiction by citing climate change concerns. In summary, the boundaries of federal and provincial jurisdiction in environmental law remain uncertain and are subject to constant change.



Source link