The Alberta government is requesting that the Court declare that the federal Impact Assessment Act (IAA) is unconstitutional. Nature Canada and our counsel West Coast Environmental Law disagree.

We are arguing that an effective application of federal jurisdiction over impact assessment is constitutional, as well as essential to halt and reverse biodiversity loss, achieve net-zero carbon emissions and respect Indigenous rights and sovereignty.

The IAA requires the federal government to look before it leaps—to consider environmental impacts before approving major projects such as pipelines, mines, ports and marine terminals, and high-speed rail lines. In the past, failures to conduct proper assessments have led to ecological calamities such as at the Eagle, Mount Polley and Giant mines. A well-considered and unhurried impact assessment saved ExxonMobil and Imperial Oil from investing billions in the financially disastrous Mackenzie Gas Project. Other assessments helped ensure that projects such as Voisey’s Bay nickel mine were sustainable for local communities and nature.

Unfortunately, Prime Minister Carney and Premiers Smith, Ford and Eby (no doubt others!) have short memories and seem to think that assessments of major projects are no longer needed. The 2025 Building Canada Act and similar provincial laws are designed to fast-track major projects, by evading or limiting the application of environmental laws such as the IAA, and are contrary to Canada’s international commitments on biodiversity, climate and Indigenous rights.

Some of these major projects, such as the proposed northern B.C. oil pipeline, are simply bad for nature and climate, as well as economically dubious. Others, such as electricity grid interties between provinces, are likely beneficial—but even these need assessments to understand how adverse impacts can be mitigated and positive impacts reinforced.

Canada’s political leaders are spooked by environmentally destructive decisions of the United States government, as well as by tariffs and sovereignty threats. As a result of U.S. decisions — and any Canadian acquiescence — more people will die from more extreme heat waves around the world, more boreal, temperate and tropical forests will burn hotter, more rivers will flood more fiercely, oceans will become more acidic and sea level rise will accelerate.

Nature Canada’s intervention at the Alberta Court of Appeal is even more important because we cannot be certain that federal lawyers will properly defend their law in court. Prime Minister Carney understands the climate and biodiversity emergencies better than any of his predecessors (read his book!). Unfortunately, his government’s decisions to date indicate that he sees climate and nature as low priorities.

Our federal and provincial governments need to understand that looking before you leap is essential to ensure that major projects are nature- and climate-friendly as well as economically sound. Nature Canada is back in court to fight for this common-sense idea.