Canadian Federalism and the Political Economy of Energy and the Environment

These two books draw attention to the role of Canada's oil-producing provinces—“petro-provinces” for Angela Carter and “carbon provinces” for Douglas Macdonald—in the politics of energy, environment and climate change, but they do so in very different ways. Carter's volume examines the erosion of environmental protections in the oil-rich provinces of Alberta, Saskatchewan, and Newfoundland and Labrador, while Macdonald's focuses on the way interest-based conflicts rooted in regional energy political economies have driven federal/provincial dynamics around energy and climate policy. Both books are well written (not always a given in academic publishing), and they should interest anyone concerned with the politics of energy, environment and climate change in Canada.

Climate Disruption in Canadian Constitutional Law: References Re Greenhouse Gas Pollution Pricing Act

This analysis considers the Supreme Court of Canada’s decision in References re Greenhouse Gas Pollution Pricing Act, 2021 SCC 11, in which a majority of the Court upheld as constitutional national carbon pricing legislation. The decision presents an excellent illustration of the legally-disruptive nature of climate change. Illustrating that nothing is static in a climate disrupted world—including constitutional law—this article identifies three shifts the Court makes in relation to climate disruption. First, the decision represents a shift away from climate denialism towards a judicial willingness to confront the environmental, social and legal implications of climate change for Canada. Second, the majority embraces and perhaps strengthens a ‘culture of justification’ in climate decision-making. Third—and more tentatively—the majority moves beyond the erasure of Indigenous peoples from Canadian federalism but still yet fails to engage with Indigenous laws and jurisdiction as part of Canada’s constitutional response to climate change.