An Introduction to Natural Resource Federalism

Abstract

This chapter introduces the constitutional doctrines and principles that help the Supreme Court of Canada (the Court) settle conflicts over who has the authority to regulate particular matters within our federal system. Although these doctrines and principles help predict how the Court might settle a dispute, most natural resource governance plays out through the negotiations of political life – not through its adjudication. Moreover, when such constitutional disputes are adjudicated, the Court renders decisions which do more than apply rules to facts, since such decisions have far-reaching impacts upon the lives of all Canadians.

This chapter explores the law’s role in such disputes, concluding that adjudication may not be the best tool to settle such matters. Court decisions do not provide the caring and recognition necessary to make a society as deeply diverse as ours work over the long term. None appear more aware of this fact than the honourable justices of the Court. Such insight hopefully will provide perspective on the nature of the disputes over natural resources facing Canadians today.

Part I introduces the conflicts of today’s natural resource governance, and provides critical insight into law’s place within them. Part II outlines the Constitutional toolbox of principles and doctrines that shape the adjudication of these matters. Part III offers additional insights for understanding their application within the context of energy conflicts. Part IV provides a concluding thought.