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Supreme Court of Canada
Friday, January 26, 2024

Canada's Impact Assessment Act must be both Constitutional and ensure a sustainable future

Republishing an article published in The Conversation written by SERS professor Robert Gibson.

Amendments to Canada's Impact Assessment Act are being drafted in response to a Supreme Court ruling in October 2023 where a majority of justices concluded that some aspects of the federal Impact Assessment Act reached too far into provincial jurisdiction. Drafting amendments to Canada's Impact Assessment Act will be a difficult assignment. Officials need to respect Canada's Constitution and also apply new knowledge and act on new imperatives. Challenges include not only bringing the laws into constitutional compliance but also meeting 21st-century needs for assessments and decision-making in the lasting public interest.