November 21, 2023

Episode #109: The Brief: Stay in Your Lane: Breaking Down the Supreme Court of Canada’s Bill C-69 Ruling and What it Means for Canada

Last month, the Supreme Court of Canada ruled that the federal Impact Assessment Act (Bill C-69) was largely unconstitutional, a win for the province of Alberta—and a win for the many energy and climate focused businesses looking to invest in this province. But what does this mean for the future of energy in Alberta, and where do we go from here?

In this episode, we are joined by Sean Sutherland, Partner in Litigation at Osler, for a deeper dive into the significance of the Supreme Court’s ruling, how this decision impacts provinces across Canada, and the immediate implications for public policy.

We also learn more about the Impact Assessment Act itself, how it was received across Canada, and what he thinks the next iteration might look like.

In this episode:

  • Introducing Sean
  • What the Bill C-69 Supreme Court of Canada decision entailed
  • Understanding why the Impact Assessment Act was created and how it was received
  • How Alberta ended up with a reference case in the Supreme Court of Canada
  • Why provinces and businesses intervened in the Bill C-69 decision
  • What the Supreme Court found
  • What the decision means and doesn’t mean
  • Immediate implications of the decision
  • How significant the changes to the Impact Assessment Act will likely be
  • The impact of the ruling on other environmental legislation
  • What the next 12 to 24-months might look like
  • Considerations for government and business

Resources Mentioned:

About The Brief

In this series, co-hosts Scott Crockatt and Brittany Brander explore the big challenges we face as Albertans; celebrate stories of growth, innovation, and prosperity; and discover bold ideas to make life better for Albertans.

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