Saskatchewan intervening in C-69 Reference Case Before the Supreme Court of Canada

The Province of Saskatchewan has interceded in the reference case regarding the Canadian federal government’s Bill C-69 before the Supreme Court of Canada. The province has sought to challenge the constitutionality of the bill, which was approved by the Senate of Canada in June 2019 and is intended to amend the National Energy Board Act, the Canadian Environmental Assessment Act, 2012, and certain other Acts.

Saskatchewan is contending that the federal government has overstepped its jurisdiction in enacting the legislation, which it claims is an illegal encroachment on provincial powers relating to natural resources and other matters. The province’s arguments were heard in the Supreme Court of Canada on October 8, 2019.

In its court filing, Saskatchewan contended that the bill intrudes on provincial authority by granting the federal government the power to impose conditions on development and to require consultation with Indigenous peoples. The province argued that such matters are within the exclusive jurisdiction of the provinces, and that the federal government has no authority to dictate how the provinces should deal with the environmental, economic, and other consequences of resource development.

Saskatchewan also argued that the bill violates the principles of federalism by granting the federal government a “veto” over provincial decisions concerning resource development. The province maintained that the bill would result in a “dramatic shift” in the balance of power between the federal and provincial governments, and that it would significantly impede the ability of the provinces to promote economic and social development in their jurisdictions.

The Supreme Court of Canada is expected to issue a decision in the case in late 2019 or early 2020. The decision could have far-reaching implications for the balance of power between the federal and provincial governments, as well as for the future of resource development in Canada.

Saskatchewan has interposed itself in the referral case regarding the Canadian government’s Bill C-69 before the Supreme Court of Canada. The province is seeking to question the bill’s constitutionality, which was ratified by the Senate of Canada in June 2019 and is meant to alter the National Energy Board Act, the Canadian Environmental Assessment Act 2012, and certain other Laws.

In its court filing, Saskatchewan argued that the legislation transgresses provincial authority by granting the federal government the power to impose stipulations on development and to compel discussion with Indigenous peoples. The province maintained that such affairs are within the exclusive province of the provinces, and that the federal government has no right to dictate how the provinces should negotiate the economic, environmental, and other repercussions of resource development.

Saskatchewan similarly maintained that the bill contravenes the principles of federalism by yielding the federal government a “veto” over provincial decisions concerning resource development. The province alleged that the bill would result in a “dramatic change” in the equilibrium of power between the federal and provincial governments, and that it would significantly impede the capacity of the provinces to promote economic and social progress in their jurisdictions.

A ruling from the Supreme Court of Canada is expected to be announced in late 2019 or early 2020. The outcome could have far-reaching effects on the balance of power between the federal and provincial governments, as well as on the future of resource development in Canada.

SASATIMES

Saskatchewan intervening in C-69 Reference Case Before the Supreme Court of Canada | News and Media

George

Related posts:

George