Ecojustice in court to defend Canada’s critical environmental safeguards before Alberta Court of Appeal

Press Release

February 23, 2026

CALGARY / TERRITORIES OF THE BLACKFOOT AND PEOPLES OF TREATIES 6 AND 7, HOME TO MÉTIS NATION OF ALBERTA, REGION III — Tomorrow, Ecojustice will appear before Alberta’s highest court to defend the federal Impact Assessment Act (IAA), Canada’s critical environmental “look before you leap” law that establishes a framework for assessing the environmental, social, economic, and Indigenous rights impacts of major projects.

Ecojustice is intervening before the Court in support of the federal government, arguing that the amended IAA falls within Parliament’s constitutional authority and is an essential safeguard to ensure that projects with potential effects within federal jurisdiction are assessed transparently, consistently, and in the public interest.

“This legislation is being used as a strawman by the fossil fuel industry and conservative Premiers that want to ram through dangerous new megaprojects,” says Ecojustice Climate Director, Charlie Hatt. “The Impact Assessment Act is not a barrier to nation-building projects, rather it enables sound decision-making. The fact that a decision under the IAA may be politically inconvenient or require stricter conditions on how public lands and resources are developed does not make the law unconstitutional — it proves it is working. The Act exists precisely to ensure major projects are assessed responsibly and that environmental protection is not sidelined for short-term gains.”

Federal impact assessments can be one of Canada’s most important legislative protection tools against impacts to Indigenous Peoples and their lands, migratory birds, fish, and aquatic species arising from major projects. This hearing provides an opportunity for the Court to clarify constitutional principles and affirm Parliament’s authority to assess and regulate environmental harms that fall within federal jurisdiction.

“Nobody could blame Canadians for getting tired of endless attacks on federal environmental legislation. The Supreme Court of Canada’s first decision on the Impact Assessment Act identified a few key necessary changes and Parliament’s amendments addressed those concerns,” adds Charlie Hatt. “This law does not single out Alberta, nor does it target pipelines. The Supreme Court has for decades called for ‘cooperative federalism’ between the provinces and the federal government to protect our environment — we need it now more than ever.”

As Canada’s largest environmental law charity, Ecojustice has a long track record of supporting environmental laws that protect communities and the environment, and was involved in the law reform efforts leading to the passing of the original IAA, and the first constitutional reference case about the law. Ecojustice also advocated for amendments following the 2023 Supreme Court of Canada opinion.
To livestream the Hearing: Members of the public will be able to view the Reference hearing virtually by clicking “Current Special Sitting Hearing List” under “Calgary Hearing Lists”, available on the Court website. Once the Hearing List is open, click “View Hearing” at the bottom of the page.

Background

• Originally enacted in 2019, the Impact Assessment Act (IAA) established an important federal impact assessment scheme for designated projects. Ecojustice participated in the legislative development process.

• In 2019, the Alberta government launched a legal challenge against the IAA and its regulations. Ecojustice intervened in this challenge.

• In May 2022, the Alberta Court of Appeal found in favour of the Alberta government. The decision was then appealed to the Supreme Court of Canada.
• In 2023, the Supreme Court of Canada held that, while certain procedural aspects of the federal scheme (notably sections 81 to 91 relating to federal undertakings) fall within federal legislative authority, the portion of the IAA governing the “designated projects” regime exceeded Parliament’s jurisdiction and was unconstitutional.

• In response, Parliament amended the IAA in 2024 to address the Supreme Court’s concerns and better align the legislation with constitutional requirements.

• Despite these changes, the Government of Alberta has referred questions to the Alberta Court of Appeal, asking the Court to declare the amended IAA unconstitutional, alleging it continues to overreach into matters of exclusive provincial jurisdiction.

Media Contacts

Cari Siebrits, Communications Strategist | Ecojustice
csiebrits@ecojustice.ca, (416) 368-7533 ext. 504

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