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Federalism and energy policy are once again dominating the
national discussion. The situation is complicated by the emergence
of the environment as an important constitutional subject that cuts
across both sides of the division of powers allocated between
federal and provincial governments by the Constitution. Due to
their complexity, courts frequently rely upon flexible
constitutionalism and the doctrine of cooperative federalism to
resolve disputes. This article considers whether the interpretive
tools available to the judiciary are capable of resolving current
issues while preserving the logic and purpose of the balance