ANDRUS: See you in court, Smith tells Guilbeault

The stage is set for another major showdown between Alberta and Ottawa over the contentious Impact Assessment Act (IAA,) as Premier Danielle Smith gears up for another legal battle with the federal government.The Impact Assessment Act, often referred to as the "No More Pipelines Law," gave the federal government sweeping authority to block a broad range of energy and infrastructure projects, even those entirely within provincial boundaries. Concerned about the act’s far-reaching effects, Alberta brought the matter to the Supreme Court, leading seven other provinces — Ontario, Quebec, British Columbia, Manitoba, New Brunswick, Newfoundland and Labrador, and Saskatchewan — to join in opposition.In the culmination of a years-long legal process, the Supreme Court of Canada ruled the IAA unconstitutional last October in a 5-2 decision. The Supreme Court's ruling delivered two critical conclusions:The Act did not properly focus on impacts within federal jurisdiction, as required.The definition of "effects within federal jurisdiction" was inconsistent with the boundaries of federal legislative authority.When the ruling was made, we predicted that the federal government would get away with continuing to usurp provincial jurisdiction by making only minor changes to the law, instead of repealing it. And, as a result, we also predicted that the provinces would have to take the federal government back to the Supreme Court again.Sure enough, we were correct.Despite the Court’s clear decision, the federal government, led by Minister of Environment and Climate Change Steven Guilbeault, continues to stand firm in its defence of the IAA.Alberta is not standing for it. In a letter to Prime Minister Justin Trudeau, Smith has set a four-week deadline to receive a satisfactory response to the province’s concerns about the unconstitutional IAA before she drags Ottawa back to court for the equivalent of political trespassing.That deadline is less than two weeks from tomorrow.In a statement, Smith made it clear that the federal government’s inability to stay in its lane was going to be a problem for her government:“The federal government continues to play politics and cater to activists with the amendments passed in June. Since this deeply flawed and unconstitutional legislation was first tabled, we have fought to defend our jurisdiction and stand up for Alberta’s economy and rights. The Supreme Court of Canada agreed with us in its ruling of a year ago, but it is clear the federal government is unwilling to acknowledge its gross overreach. We will not stand down on this issue, and we’ve drafted a list of the amendments needed to make the legislation constitutional. We expect the federal government to implement these changes promptly.”Alberta Energy Minister Brian Jean added:“I would think after two spankings by the highest court in the land, the Liberals would be tired of it and they’d give it up and recognize that they’re outgunned.“We have, right now, a radical, abusive minister and Liberal government who continue to do things that are disrespectful of our system and our laws.”Even according to Minister Guilbeault himself, four projects in Alberta are currently being stalled by assessments, affecting billions of dollars in investment and hundreds of potential jobs. But, Guilbeault’s statement went on to claim that: "We want to ensure as much clarity, certainty and predictability as possible for projects, which Premier Smith threatens with her reckless political game."Relying on an unconstitutional law to stall project development is hardly a way to “provide clarity, certainty, and predictability.”In fact, it's absurd.Ontario, led by Doug Ford, has been one of the other provinces involved in the protracted legal fight against the IAA. Ford was upset that the federal government was “assessing” the planned construction of Highway 413, a 60-km project designed to ease traffic congestion in Toronto.In 2021, Ottawa classified the highway project as a designated project under the IAA, granting the federal government full authority over its assessment and approval, despite the fact that the road was entirely within provincial boundaries. This move all but ensured years of federal red tape and unavoidable delays. In response, Ford sought a judicial review of the designation, arguing that the highway never crossed Ontario's borders. By April, Guilbeault chose to withdraw the federal designation.Why?“Either we came to an agreement with Ontario, or we would have lost in court,” Guilbeault said in an interview with the left-wing, progressive Narwhal magazine. “What choice did I have? Not a whole lot. I’m trying to protect, as much as I can, the integrity of what we still have left.” The minister’s own words reveal the shaky foundation upon which the IAA stands. He’s not fighting for sound policy — he’s scrambling to preserve what's left of his overreach.Danielle Smith is right to challenge the Impact Assessment Act once again. This isn’t just about Alberta — it’s about defending provincial jurisdiction against a federal government that consistently oversteps its boundaries.The federal government’s persistence in pushing the IAA, despite clear rulings against it, is a blatant disregard for the rule of law and provincial rights. If Ottawa can ignore the highest court in the land and impose its will on Alberta, what’s to stop them from doing the same to other provinces?This battle extends far beyond energy and infrastructure projects. It’s about the future of federalism in Canada, the balance of power, and the rights of provinces to manage their own affairs without constant federal interference. Alberta is leading the charge, but the outcome of this fight will have lasting implications for every province.This legal fight impacts the economy, jobs, and sovereignty of all provinces.This is not just about pipelines — it’s about the future of federalism in Canada.It’s time to put an end to the Impact Assessment Act once and for all.The federal government must respect the Constitution and acknowledge the provinces' right to govern their own affairs.

ANDRUS: See you in court, Smith tells Guilbeault

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