An Introduction to Canadian Energy Federalism

Abstract

This chapter introduces the constitutional doctrines and principles that help the Supreme Court of Canada (the SCC) settle conflicts over who has the authority to regulate particular matters within our federal system. When the SCC renders such decisions, they can change how the federal system works, having impacts upon the lives of Canadians, which reach far beyond natural resource management. This chapter explores the law’s role in such disputes, concluding that adjudication may not be the best tool to settle such matters. Such adversarial systems do not provide the caring and recognition necessary to make a society as deeply diverse as Canada’s work over the long term. None appear more aware of this fact than the honourable justices of the SCC. Part I will provide an overview of the constitutional structure of Canadian federalism. Part II will outline the principles and doctrines that guide courts’ adjudication of interjurisdictional disputes. Part III will discuss three examples of recent conflicts in the field of natural resource governance that apply these constitutional principles. Part IV will conclude the chapter.