Canada: The federal impact assessment regime is partly unconstitutional.
In its decision of October 13, 2023, 2023 SCC 23, the Supreme Court of Canada had to decide that: the regime of «designated projects» in the Impact Assessment Act, (the Act respecting the federal impact assessment process impact assessment and prevention of significant adverse environmental effects) — is ultra vires Parliament and is therefore unconstitutional. Presumption of constitutionality according to the jurisprudence of the Supreme Court of Canada The presumption of constitutionality is a cardinal principle of the Court’s jurisprudence […]