Alberta
Alberta fighting federal “unconstitutional intrusion” into provincial jurisdiction
Alberta to fight federal plastics ban once more
Alberta’s government will continue defending the province’s constitutional jurisdiction and economy by intervening in Ottawa’s appeal of the Federal Court’s ruling on plastics.
On Nov. 16, the Federal Court of Canada ruled that the federal order-in-council classifying plastics as toxic is not only unreasonable but unconstitutional. The federal government has chosen to appeal this decision, ignoring calls from Alberta and others to accept the court’s decision.
As a result, Alberta’s government will participate in the appeal and will argue that the federal government’s decision to label plastic as a “toxic substance” is an unconstitutional intrusion into provincial jurisdiction.
“It is past time for Ottawa to listen. We have told them they are overreaching their jurisdiction, the private sector has told them so, and so have both the Supreme Court and the Federal Court. Ottawa cannot assume regulatory authority over any substance simply by designating it as toxic. We will continue to push back against Ottawa’s unconstitutional actions, including through this legal action, until they listen.”
The toxic designation and bans have also had a detrimental impact on Alberta’s economy. Alberta’s Industrial Heartland Association estimates the designation will potentially jeopardize more than $30 billion in capital investment in the petrochemical sector by 2030. Those risks would also put Albertan and Canadian workers at risk of losing their jobs.
“The Federal Court clearly ruled that the federal government’s plastics ban policies were unconstitutional. The federal government’s environmental policies and constitutional overreach have been heavily criticized and this ruling further confirms the indisputable nature of provincial jurisdiction in these matters. We are intervening in this appeal and will continue to participate wherever and whenever necessary to protect Alberta’s interests.”
In addition to intervening in the appeal, Alberta will monitor any further legal action taken to remove plastic manufactured items from the current Schedule 1 of the Canadian Environmental Protection Act. Several Calgary-based companies producing compostable plastic bags are now caught in the ban and will be barred from supplying Calgarians with low-emissions alternatives to traditional plastic shopping bags.
“Instead of listening to the courts and to Canadians, the federal government has chosen overreach once again. We will continue standing up for our constitutional jurisdiction while focusing on more effective ways to reduce plastic waste and keep it out of landfills.”
Alberta is committed to reducing plastic waste through initiatives like extended producer responsibility, which encourages businesses to find new ways to recycle materials and reduce waste. The province also advocates for strategies that create economies of scale, promote recycled content and develop local markets for transformed plastic waste.
Quick facts
- On April 23, 2021, the administrator in council issued an order-in-council directing that “plastic manufactured items” be added to Schedule 1 of the Canadian Environmental Protection Act, 1999 (CEPA).
- The category of plastic manufactured items includes every piece of plastic that enters Alberta.
- Once a substance is designated as toxic under CEPA, CEPA allows the federal government to make regulations regulating every aspect of that substance’s life, from manufacture to sale to use and to disposal.
- Canada subsequently enacted the Single-use Plastics Prohibition Regulations (SUPPR) prohibiting the manufacture, import and sale of six single-use plastics. SUPPR is only valid if “plastic manufactured items” is listed as toxic on Schedule 1 of CEPA.
- The Responsible Plastic Use Coalition, Dow, Imperial Oil and Nova applied for a judicial review of the order. They challenged it as unreasonable on administrative law grounds and as unconstitutional on division of powers grounds.
- On Sept. 7, 2022, Alberta intervened in the application to address the constitutional questions. Saskatchewan intervened on Oct. 24, 2022.
- The application was heard March 7-9, 2023, and the court reserved its decision.
- On Nov. 16, the federal Court of Canada issued its decision. Justice Angela Furlanetto concluded that the order adding “plastic manufactured items” to the Schedule 1 was both unreasonable from an administrative law perspective, and unconstitutional.
Alberta
Alberta court upholds conviction of Pastor Artur Pawlowski for preaching at Freedom Convoy protest
From LifeSiteNews
Lawyers argued that Pastor Artur Pawlowski’s sermon was intended to encourage protesters to find a peaceful solution to the blockade, but the statement was characterized as a call for mischief.
An Alberta Court of Appeal ruled that Calgary Pastor Artur Pawlowski is guilty of mischief for his sermon at the Freedom Convoy-related border protest blockade in February 2022 in Coutts, Alberta.
On October 29, Alberta Court of Appeal Justice Gordon Krinke sentenced the pro-freedom pastor to 60 days in jail for “counselling mischief” by encouraging protesters to continue blocking Highway 4 to protest COVID mandates.
“A reasonable person would understand the appellant’s speech to be an active inducement of the illegal activity that was ongoing and that the appellant intended for his speech to be so understood,” the decision reads.
Pawlowski addressed a group of truckers and protesters blocking entrance into the U.S. state of Montana on February 3, the fifth day of the Freedom Convoy-styled protest. He encouraged the protesters to “hold the line” after they had reportedly made a deal with Royal Canadian Mounted Police to leave the border crossing and travel to Edmonton.
“The eyes of the world are fixed right here on you guys. You are the heroes,” Pawlowski said. “Don’t you dare go breaking the line.”
After Pawlowski’s sermon, the protesters remained at the border crossing for two additional weeks. While his lawyers argued that his speech was made to encourage protesters to find a peaceful solution to the blockade, the statement is being characterized as a call for mischief.
Days later, on February 8, Pawlowski was arrested – for the fifth time – by an undercover SWAT team just before he was slated to speak again to the Coutts protesters.
He was subsequently jailed for nearly three months for what he said was for speaking out against COVID mandates, the subject of all the Freedom Convoy-related protests.
In Krinke’s decision, he argued that Pawlowski’s sermon incited the continuation of the protest, saying, “The Charter does not provide justification to anybody who incites a third party to commit such crimes.”
However, defence lawyer Sarah Miller pointed out that that Pawlowski’s sermon was protected under freedom of speech, an argument that Krinke quickly dismissed.
“While the appellant is correct that peaceful, lawful and nonviolent communication is entitled to protection, blockading a highway is an inherently aggressive and potentially violent form of conduct, designed to intimidate and impede the movement of third parties,” he wrote.
Pawlowski was released after the verdict. He has already spent 78 days in jail before the trial.
Pawlowski is the first Albertan to be charged for violating the province’s Critical Infrastructure Defence Act (CIDA), which was put in place in 2020 under then-Premier Jason Kenney.
The CIDA, however, was not put in place due to COVID mandates but rather after anti-pipeline protesters blockaded key infrastructure points such as railway lines in Alberta a few years ago.
Clean Energy Fuels CEO Andrew Littlefair, Tourmaline CEO Mike Rose, and Mullen Group chairman Murray Mullen attend the opening of a new Clean Energy/Tourmaline compressed natural gas (CNG) fuelling station in Calgary on Oct. 22, 2024. Photo courtesy Tourmaline
From the Canadian Energy Centre
New compressed natural gas fueling stations in Grande Prairie and Calgary join new stop in Edmonton
Heavy-duty truckers hauling everything from restaurant supplies to specialized oilfield services along one of Western Canada’s busiest corridors now have more access to a fuel that can help reduce emissions and save costs.
Two new fuelling stations serving compressed natural gas (CNG) rather than diesel in Grande Prairie and Calgary, along with a stop that opened in Edmonton last year, create the first phase of what proponents call a “natural gas highway”.
“Compressed natural gas is viable, it’s competitive and it’s good for the environment,” said Murray Mullen, chair of Mullen Group, which operates more than 4,300 trucks and thousands of pieces of equipment supporting Western Canada’s energy industry.
Right now, the company is running 19 CNG units and plans to deploy another 15 as they become available.
“They’re running the highways right now and they’re performing exceptionally well,” Mullen said on Oct. 22 during the ribbon-cutting ceremony opening the new station on the northern edge of Calgary along Highway 2.
“Our people love them, our customers love them and I think it’s going to be the way for the future to be honest,” he said.
Heavy-duty trucks at Tourmaline and Clean Energy’s new Calgary compressed natural gas fuelling station. Photo courtesy Tourmaline
According to Natural Resources Canada, natural gas burns more cleanly than gasoline or diesel fuel, producing fewer toxic pollutants and greenhouse gas emissions that contribute to climate change.
The two new CNG stops are part of a $70 million partnership announced last year between major Canadian natural gas producer Tourmaline and California-based Clean Energy Fuels.
Their deal would see up to 20 new CNG stations built in Western Canada over the next five years, daily filling up to 3,000 natural gas-fueled trucks.
One of North America’s biggest trucking suppliers to businesses including McDonald’s, Pizza Hut, Subway and Popeye’s says the new stations will help as it expands its fleet of CNG-powered vehicles across Canada.
Amy Senter, global vice-president of sustainability with Illinois-based Martin Brower, said in a statement that using more CNG is critical to the company achieving its emissions reduction targets.
For Tourmaline, delivering CNG to heavy-duty truckers builds on its multi-year program to displace diesel in its operations, primarily by switching drilling equipment to run on natural gas.
Between 2018 and 2022, the company displaced the equivalent of 36 Olympic-sized swimming pools worth of diesel that didn’t get used, or the equivalent emissions of about 58,000 passenger vehicles.
Tourmaline CEO Mike Rose speaks to reporters during the opening of a new Tourmaline/Clean Energy compressed natural gas fuelling station in Calgary on Oct. 22, 2024. Photo courtesy Tourmaline
Tourmaline CEO Mike Rose noted that the trucking sector switching fuel from diesel to natural gas is gaining momentum, notably in Asia.
A “small but growing” share of China’s trucking fleet moving to natural gas helped drive an 11 percent reduction in overall diesel consumption this June compared to the previous year, according to the latest data from the U.S. Energy Information Administration.
“China’s talking about 30 percent of the trucks sold going forward are to be CNG trucks, and it’s all about reducing emissions,” Rose said.
“It’s one global atmosphere. We’re going to reduce them here; they’re going to reduce them there and everybody’s a net winner.”
Switching from diesel to CNG is “extremely cost competitive” for trucking fleets, said Clean Energy CEO Andrew Littlefair.
“It will really move the big rigs that we need in Western Canada for the long distance and heavy loads,” he said.
Tourmaline and Clean Energy aim to have seven CNG fuelling stations operating by the end of 2025. Construction is set to begin in Kamloops, B.C., followed by Fort McMurray and Fort St. John.
“You’ll have that Western Canadian corridor, and then we’ll grow it from there,” Littlefair said.
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