The Supreme Court of Canada has ruled 6-3 that Alberta cannot exempt Crown land resource projects from federal environmental assessment requirements, in a landmark decision that strengthens Ottawa’s oversight role and has sweeping implications for energy development across Western Canada.
The case, Alberta v. Canada (Environment), arose from the province’s 2023 attempt to fast-track approval of a coal mining project in the eastern slopes of the Rocky Mountains without a federal impact assessment. The federal government intervened, arguing that projects on Crown land with potential transboundary environmental effects fall within federal jurisdiction.
The Ruling
Writing for the majority, Justice Sheilah Martin held that the federal Impact Assessment Act applies to projects on provincial Crown land when there is credible evidence of effects on matters within federal jurisdiction, including fish habitat, migratory birds, and Indigenous rights.
"Environmental protection is a shared constitutional responsibility," Justice Martin wrote. "Neither order of government can unilaterally exclude the other from fulfilling its constitutional mandate."
Provincial Reaction
Alberta Premier Danielle Smith called the decision "a troubling overreach by the federal government into provincial resource management" and said her government is reviewing all options, including potential use of the notwithstanding clause.
Federal Environment Minister Steven Guilbeault said the ruling "affirms what we have always maintained — that Canadians deserve rigorous, science-based environmental assessments regardless of where a project is located."
Legal experts say the decision will have far-reaching consequences for resource development in Alberta, British Columbia, and Saskatchewan, potentially requiring federal assessments for hundreds of projects that provinces had previously approved unilaterally. The ruling is also expected to strengthen the position of Indigenous communities seeking greater input into resource decisions affecting their traditional territories.