Acceso usuarios
David Robitaille
The interprovincial transport of hydrocarbons by rails andpipelines, as well as airport location and marine navigation issues, are increasingly causing controversy within local populations. These activities are the object of powers that the Constitution Act, 1867 attributes to the federal Parliament. Provincial officials and municipal councilors often wonder to what extent they can or cannot intervene under provincial jurisdiction over land use, health and the environment, to mitigate the risks oil transportation poses. This article analyzes recent Canadian constitutional jurisprudence in these areas. While recent case law expands the possibility that valid provincial and municipal laws and regulations can apply to federal undertakings, judicial rulings have not yet achieved a satisfactory balance between provincial and federal jurisdiction. I argue that such a balance requires a recognition by Canadian courts that local authorities should have a voice in determining the location of federal transport infrastructure.
