Alberta
Alberta taking Trudeau government to court to fight unconstitutional Impact Assessment Act
Alberta’s government is again taking the federal government to court over its unconstitutional Impact Assessment Act after they failed to meet the province’s four-week deadline.
Impact Assessment Act lands Ottawa in court again |
In October 2023, the Supreme Court of Canada concluded that the Impact Assessment Act was largely unconstitutional. On June 20, 2024, the federal government amended the Impact Assessment Act as part of a large omnibus budget bill. The amendments fail to correct the constitutional deficiencies the Supreme Court of Canada identified with the original legislation and will continue killing jobs and hurting the economy.
Alberta’s government gave the federal government a four-week deadline to remedy the unconstitutional provisions in the amended Impact Assessment Act or face another legal challenge. The federal government has failed to address Alberta’s concerns, showing a continued disregard and refusal to engage with Alberta on the legislation and its flawed amendments. In response, Alberta has referred the constitutionality of the amended Impact Assessment Act to the Court of Appeal of Alberta.
“We have tried working with Ottawa to change their deeply flawed and unconstitutional Impact Assessment Act but we’ve been met with resistance every step of the way. They have chosen to disregard our input, disregard a Supreme Court of Canada decision, and disregard our deadline, so we’ll see them in court. Again. We will not stand down on this issue.”
The federal government’s Impact Assessment Act enables Ottawa to derail, delay and interfere in projects that have little or nothing to do with matters falling within federal jurisdiction. Alberta’s government has been consistent in its response and continues to wait for the federal government to engage meaningfully and make meaningful amendments to the legislation.
Alberta’s government asked the federal government to:
- Eliminate federal encroachment into provincial jurisdiction.
- Recognize equivalency and the ability to fully substitute our provincial environmental assessment for a federal impact assessment.
- Create certainty for industry and increase investor confidence by imposing concrete timelines and curbing ministerial discretion.
- Emphasize that significant adverse effects within federal jurisdiction is the minimum threshold for federal involvement.
- Streamline the process by scoping projects appropriately and placing some parameters on public involvement.
- Focus the public interest decision-making process on significant adverse effects within federal jurisdiction and countervailing positive effects.
“The federal government needs to respect the decisions of the Supreme Court and stop making meaningless attempts to bypass the rulings of Canada’s highest court. The courts agreed with Alberta in the first legal challenge, and we are prepared to fight as many times as is necessary to defend the rights of Albertans against this blatant overreach.”
From CPAC on YouTube
In a virtual news conference, Danielle Smith, the premier of Alberta, discusses her meetings with U.S. President-elect Donald Trump in West Palm Beach, Florida. Smith met with Trump to discuss the incoming president’s repeated threats to impose a 25 per cent tariff on all products from Canada and Mexico.
Alberta
Judge reverses suspension against Alberta police officer for speaking at Freedom Convoy rally
From LifeSiteNews
The suspension without pay for Staff Sergeant Richard Abbott of the Edmonton Police Service was out of line and not at all ‘justifiable,’ Justice James Nelson of Alberta Court of King’s Bench ruled.
A policeman from Alberta won a decisive court victory after a judge overturned a ruling against him by his superiors that suspended him without pay because he spoke at a Freedom Convoy rally in 2022.
Justice James Nelson of Alberta Court of King’s Bench recently ruled that the punishment for Staff Sergeant Richard Abbott of the Edmonton Police Service (EPS) was out of line and not at all “justifiable.”
“While taking into account the higher standards placed by law on a police officer that can limit the officer’s freedom of expression compared to the freedom enjoyed by other citizens, we are left in my view with factual distinctions that could be drawn from the evidence,” Nelson wrote in his ruling.
The judge also noted that the “facts and evidence” in the case were not clear in justifying the suspension.
Abbott was a 26-year police veteran with a clean record and “no prior disciplinary misconduct.”
His suspension came in 2022 after he gave a videotaped speech at a local Freedom Convoy rally, of which many were being held at the time in solidarity with the truckers who descended upon Ottawa in protest of COVID dictates of all kinds.
Abbott opposed COVID jab mandates and was sympathetic to the peaceful Freedom Convoy movement.
Judge Nelson agreed with Abbott’s statements and overturned his suspension.
The now former EPS Chief Dale McFee cited Abbott with breach of Police Service Regulations, saying his actions for speaking in favor of the protests were “conduct of engaging in the political activity of the Freedom Convoy, which “interferes with and adversely influence decisions you are required to make in the performance of your duties.”
McFee claimed that Abbott’s actions undermined the EPS as well as his “colleagues” to ensure “proportionate and correct decisions are being made when dealing with protesters so our community is safe and secure.”
“Your actions also created a conflict of interest by using your status as a police officer in an attempt to further the cause of the Freedom Convoy. By publicly supporting a cause where the activities of this group involve illegal activities, this undermines public confidence that police will behave impartially,” McFee wrote.
The reality is the EPS had mistakenly claimed Abbott had attended a large border protest in Coutts, Alberta.
In court, Abbott was successful in arguing that the videotape of him was from a protest nowhere near Coutts and was instead in Milk River and that he never spoke in favor of the border blockade protests.
In early 2022, thousands of Canadians from coast to coast came to Ottawa to demand an end to COVID mandates in all forms. Despite the peaceful nature of the protest, Trudeau’s government invoked the Emergencies Act (EA) on February 14. Trudeau revoked the order on February 23.
The EA controversially allowed the government to freeze the bank accounts of protesters, conscript tow truck drivers, and arrest people for participating in assemblies the government deemed illegal.
Tamara Lich and Chris Barber, the main leaders of the Freedom Convoy, as reported by LifeSiteNews, will receive their verdict on March 12.
They both face a possible 10-year prison sentence. LifeSiteNews has reported extensively on their trial.
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