Lisa Johnson - Edmonton Journal
Alberta’s lieutenant-governor says she’s willing to refuse to sign into law UCP leadership candidate Danielle Smith’s promised sovereignty act if it’s deemed unconstitutional.
Alberta Lt.-Gov. Salma Lakhani, left, and Premier Jason Kenney gathered with Indigenous leaders in the Reconciliation Garden on the Alberta legislature grounds on Thursday, Sept. 1, 2022, to mark the first official Alberta Day
At an inaugural Alberta Day event on the provincial legislature grounds Thursday, Lt.-Gov. Salma Lakhani told reporters she would wait to weigh in until independent legal experts could examine the bill, but as the Queen’s vice-regal representative in Alberta she considers her constitutional role the most important part of her job.
“We are a constitutional monarchy, and this is where we do checks and balances. I’m what I would call a ‘constitutional fire extinguisher.’ We don’t have to use it a lot, but sometimes we do have to use it,” Lakhani said.
Smith has promised, if elected premier, to pass an Alberta sovereignty act that would allow Alberta to opt out of federal legislation, regulatory decisions and court rulings that legislators believe go against Alberta’s interests. Critics have warned it would create a potential constitutional crisis, undermine the rule of law, and scare off investors.
Lakhani said it will depend on the bill and the advice she receives on its legality.
“I think we will try and cross that bridge when we get to it, if we get to it,” she said.
She referenced Lt.-Gov. John Bowen, who in 1937 refused to give royal assent to three bills that had been passed by the legislature. In retaliation, Social Credit premier William Aberhart closed the vice-regal residence. Ultimately, the Supreme Court of Canada declared the laws were beyond Alberta’s power to be enacted.
Lakhani said she hopes she would be prepared for potential backlash from those who see her role as ceremonial.
“This is why I live in my own house,” Lakhani said.
Born and raised in Uganda, where the country’s entire Asian minority population was expelled in 1972, Lakhani said her experience has led her to feel very strongly that the rule of law and democracy must be guarded and respected.
Smith, in a debate in July, defended her plan, suggesting it was about “putting Ottawa on notice.”
On Thursday, Smith campaign spokesman Matthew Altheim said that Smith has said repeatedly that she will work with caucus to ensure the sovereignty act “is drafted in accordance with sound constitutional language and principles.”
Fellow UCP leadership candidate Brian Jean reacted on Twitter to Lakhani’s comments, saying he is “extremely uncomfortable with the lieutenant-governor getting political,” and calling on Smith to produce the text of the proposed legislation before UCP members vote on a new leader.
The UCP is set to choose its new leader Oct. 6, but the legislature is not scheduled to be in session until Oct. 31. Normally, the government does not publicly release the wording of a bill until it’s tabled in the house.
‘Happy birthday Alberta’
Lakhani, Premier Jason Kenney, Culture Minister Ron Orr and Cree elder Bert Auger marked Sept. 1 as the day Alberta officially became a province in 1905 with a ceremony Thursday.
Kenney said it’s worth celebrating the province as “a unique place with a unique culture, history and geography, (that) is also proudly part of the great Canadian federation.”
Orr also took the opportunity to air grievances with Ottawa, noting the government wanted to mark the day in part because the Fair Deal panel suggested it “affirm Alberta’s cultural, economic and political uniqueness.”
“A family compact of the Laurentian elites have always skewed the deal in their favour,” said Orr, before adding “happy birthday Alberta — that’s what today is all about.”
On Saturday, the government is hosting events and concerts in Calgary and at the legislature in Edmonton.
lijohnson@postmedia.com
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