Kyoto, Constitutional Law and Alberta's Proposals
AbstractThis article examines Alberta’s Bill 37, a provincial plan to reduce greenhouse gases and climate change, and explores the constitutionality of such legislation. Its main focus revolves around a constitutional analysis of Alberta's proposed legislation and its potential incompatibility with federal initiatives used to meet the Government of Canada's commitments under the Kyoto Protocol. In this discussion, the authors conclude that Bill 37 would likely be constitutionally valid under the provincial subject matter of property and civil rights, and possibly local undertakings and ownership of provincial public lands. However, the authors dismiss the argument that Alberta's legal position over any federal initiative would be bolstered by the Crown's ownership of provincial resources. The article then looks to the federal government's Kyoto commitments and analyzes the constitutionality of possible federal initiatives under the federal subject matters of taxation, criminal law, trade and commerce and POGG. With both the Alberta and federal plans analyzed, the authors then discuss the potential incompatibility of the plans through three possible scenarios. The article concludes with a brief discussion of the other cooperative measures, such as equivalency agreements and incorporation by reference, which the federal and provincial governments may use to combat the issue of climate change.
For Editions following and including Volume 61 No. 1, the following applies.
This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License
For Editions prior to Volume 61 No. 1, the following applies.
Author(s) retain original copyright in the substantive content of the titled work, subject to the following rights that are granted indefinitely:
- Author(s) grant the Alberta Law Review permission to produce, publish, disseminate, and distribute the titled work in electronic format to online database services, including, but not limited to: LexisNexis, QuickLaw, HeinOnline, and EBSCO;
- Author(s) grant the Alberta Law Review permission to post the titled work on the Alberta Law Review website and/or related websites.
- Author(s) agree that the titled work may be used for educational or instructional purposes and/or in educational or instructional materials. The author(s) acknowledge that the titled work is subject to other such "fair dealing" provisions and applicable legislation.
- Author(s) grant a limited license to those accessing the titled work from an electronic database or an Alberta Law Review website to download the titled work onto their computer and to print a copy for their own personal, non-commercial use, subject to proper attribution.
To use the journal's content elsewhere, permission must be obtained from the author(s) and the Alberta Law Review.