Historic in its meaningless I suppose.

Memo for ya @PremierScottMoe: your problem is not w/ the scope & breadth of your own legislative authority, which this bill largely just restates, but w/ the fed’s authority. Alas, try as you might, you can’t change that — no prov. can.
The SCC has been clear: the environment is a matter of shared jurisdiction. It falls under the legislative authority of both levels of gov’t. #skpoli can affect it through s. 92 & 92A, but the feds also have jurisdiction under 91: fisheries, navigation, transboundary effects.
If GHGs weren’t the cause of climate change, which in turn is one of the most sig. challenges facing humanity, we wldn’t be having this conversation. But they are (a fact SK didn’t contest in GGPPA Ref), which means the feds have all kinds of legislative authority. Sorry mate.
Anyway, here’s a free mark-up of Part I @PremierScottMoe! TLDR you don’t get to declare federal laws as inapplicable & unconstitutional — that’s the courts’ job. You can also “assert” interjurisdictional immunity all you want — again, that’s a doctrinal Q for the courts! #skpoli
Indeed — SK has been *asking* the courts for some kind of interjurisdictional immunity doctrine for a long time. But the SCC has consistently rejected the idea — going back 30 years! ablawg.ca/2019/05/24/set…
And no Scott — the provinces’ ownership of their resources () doesn’t preclude the applicability of federal legislation — that was settled almost a century ago: canlii.org/en/ca/scc/doc/…

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More from @molszyns

Sep 8
Me: Alright I’ve seen enough. #ableg’s conservatives are on the verge of electing a tyrant.

You: Woah man. Don’t you think you’re exaggerating a bit? 🙄

Me: No. And here’s a relatively short Twitter thread for why @ABDanielleSmith is indeed a wannabe tyrant. 1/10
1st, what do I mean by tyrant?

The concentration of power in a single person or group by co-opting or disabling external mechanisms of accountability (AKA “checks & balances”) ⤵️ (from Tim Snyder’s book).

Tyranny can lead to very bad things, but we’ll deal w/ that later. 2/10
The antidote to tyranny is the separation of gov’t power into 3 separate branches:

(i) legislative — passes laws
(ii) executive — implements laws
(iii) judicial — interprets laws & resolves disputes

These aren’t watertight, but encroachments must be heavily scrutinized. 3/10
Read 10 tweets
Aug 24
Alright -- last one from me on this SK/ECCC water incident. @CTVNews reached out. I told them the weekend amendment to the Trespass to Property Regs -- which now define "persons" as "the Crown in right of Canada" -- was meaningless pandering: regina.ctvnews.ca/video?clipId=2… 1/n #skpoli
From the clip, it appears that CTV reached out to Scott Moe's office for his response re: whether the amendment actually changed anything. To which they responded as follows: 2/n
[excuse me for a moment] 3/n
Read 7 tweets
Jul 22
“Vancouver sets aside $660,000 for big oil lawsuit to recoup climate change costs” via ⁦@globeandmail

Some thoughts on this development, first in terms of the law & then the politics… 🧵 1/n #cdnpoli #ableg theglobeandmail.com/canada/british…
1. There are 3 potential kinds of actions in "tort law" that are most often considered in this context: negligence, public nuisance & private nuisance. To my mind, public nuisance is the most intuitive tort here, but I note the reference to a "class action" in the story... 2/n
... which brings to mind a potential class action in private nuisance. Those who followed the Freedom Convoy shd be familiar w/ the potential effectiveness of that approach (where rep. plaintiff succeeded in getting an injunction, trial pending) (see ablawg.ca/2022/02/09/rig…). 3/n
Read 10 tweets
May 15
We hear a lot lately in #cdnpoli about so-called “gatekeepers” (aka regulatory bodies & agencies), usually w/ a thinly veiled accusation that they deliberately — gleefully even — stand b/w us and freedom & prosperity. With few exceptions, however, the opposite is true… 1/4
I’ve brought this up b4. #mtpolley, #lacmegantic, & many others — clear examples of insufficient regulatory oversight. But now smarter persons than me have explained how a robust admin state is actually a safeguard against — wait for it — local elites: volts.wtf/p/volts-podcas… 2/4
Which, if you stop to think about it for 5 seconds, shld be obvious. It’s like the climate change conspiracy re: academics/scientists — observe just one faculty or departmental meeting to see how laughable that is. The same is true of any bureaucracy: it’s too vast & diverse. 3/4
Read 4 tweets
May 10
The ABCA opinion in the IAA Reference is out: albertacourts.ca/ca/publication…. As expected, a 4:1 majority says that the Act is unconstitutional. I have a lot of paras to read, but I'll eave y'all w/ this one. It doesn't require a law degree to understand, b/c it's not legal reasoning:🤷‍♂️
OK, here's the doctrinal DL:

1) A *lot* of this opinion hinges on the hypothetical of an otherwise "provincial project" (which isn't a thing, actually) not requiring any other federal permits but still being subject to the IAA. To the best of my knowledge, there is not... 1/n
...a single project on the registry like this. I find it hard to believe the feds would ever require a full IA of such a project, but in any event, if that is the main concern, esy enough to sever that element. ABCA did not, and this brings us to the core of their concern... 2/n
Read 9 tweets

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