Governments pass unconstitutional laws and you know what: it takes a lot of time and money to get them overturned ( or upheld) and then they can go right ahead and re-pass another similar law. We've seen it happen multiple times in Canada with prostitution laws and other social laws - e.g  Quebec's language laws and in the USA with laws restricting gun ownership.  All you guys who think that national constitutions actually work should consider the fact that the intervening judicial processes tend to render them moot. If people where the pipelines go don't accept them, then they won't get built.