Alberta government attempts clarification as NDP calls sovereignty act anti-democratic
Story by Lisa Johnson , Matthew Black • Yesterday 30/11/2022
Alberta Premier Danielle Smith’s sovereignty act is drawing fire over the new power it grants to cabinet and is forcing the government to suggest it’s been misrepresented.
Alberta NDP Opposition Leader Rachel Notley.© Provided by Edmonton Journal
If passed, Bill 1 — the Alberta Sovereignty within a United Canada Act — would assert the province’s power to direct provincial agencies to act against federal laws it considers unconstitutional or harmful to Albertans.
It would also grant Smith’s cabinet a new power to change provincial laws outside of the house.
In a Wednesday morning news release attempting to clarify, the justice ministry claimed cabinet is only authorized to amend existing legislation as specifically outlined in a resolution brought under the act.
That doesn’t line up with the language of the bill itself, which doesn’t make resolutions binding, and requires they include measures government “should consider.”
NDP Leader Rachel Notley told reporters Wednesday the proposed bill attacks the democratic rights of Albertans by allowing the premier to sidestep the legislative assembly.
“There is nothing in the bill that compels the government to limit the options of cabinet in the resolution. And there is basically nothing in the bill that would limit the government’s ability to act once a resolution is passed,” she said, calling for it to be withdrawn.
She added the government’s talking points contradict what department officials told the Opposition the proposed bill would do.
In her first question period as premier and leader of the UCP, Danielle Smith defended her flagship legislation, denying that it represented an abuse of authority.
“Every decision that is going to be made has to first get the validation from this assembly,” said Smith.
Speaking to reporters on her way into the house, Trade, Immigration and Multiculturalism Minister Rajan Sawhney urged Albertans to read the bill to understand its procedure .
“We need to do some more communications around this because it’s not what has been depicted,” said Sawhney.
In question period, Justice Minister Tyler Shandro also emphasized the advance permission of the legislature.
“In this framework, cabinet cannot amend legislation without the specific direction provided by the MLAs in this assembly — cabinet can only work within those perimeters,” said Shandro.
Finance Minister Travis Toews, who once was highly critical of Smith’s earlier sovereignty act proposal, told reporters the bill as introduced addresses all of his previous concerns, including that it could create economic uncertainty.
“I’m supporting this bill because I believe those issues have been addressed,” he said, including that it be constitutional and respect the rule of law.
Toews’ comments come after the Calgary Chamber of Commerce warned the proposed act threatens to scare off investors and throw cold water on the province’s plans for economic growth.
‘Fights with the federal government don’t come close to that threshold’: expert
Eric Adams, a University of Alberta law professor and constitutional law scholar, said the policy aims of the legislation are constitutionally problematic and vulnerable.
Related video: Controversial sovereignty bill introduced in Alberta
Duration 4:04
View on Watch
Adams said it’s unjustifiable for the proposed bill to grant cabinet new power to change legislation outside the legislature.
“We should be, as a democratic society, suspicious and and wary of the basic premise that the executive has the unilateral power to amend legislation,” said Adams, noting that the democratic process evaporates without transparent, public debate over changes to law in the legislature.
Adams noted that such power could be justified in emergency circumstances: when there may be a need for a nimble response, perhaps in order to save lives or protect property.
In 2020 at the onset of the COVID-19 pandemic, the UCP under then-premier Jason Kenney faced a constitutional challenge over a bill that changed the Public Health Act to gave cabinet the ability to unilaterally change laws. His government walked back parts of that bill a year later.
Adams said the province has the power to direct the provincial entities listed in the act, including universities, school boards and municipalities, but it’s another matter to say that includes directing entities to ignore or resist federal law.
“No provincial government has ever done that,” said Adams, adding that it’s a matter for courts to weigh in on.
The proposed bill also shortens the timeline to challenge the law in court to 30 days from the typical six months, and elevates the standard of legal review to “patently unreasonable.”
“It’s effectively placing government decisions in this area beyond the capacity of challenge,” said Adams.
Notley called the details draconian.
“What that standard does is it limits the role of the courts,” she said.
While the government asserts that the bill will fully respect Indigenous and treaty rights, it continues to be criticized by some Alberta First Nation communities.
In a statement Tuesday , Treaty Six Chiefs reiterated their opposition to the proposed Bill 1, and noted that there was a lack of prior consultation on it.
“As Indigenous Peoples, we understand individual freedom as something that can only exist in the context of good relations with others, including our ancestors and the generations to come. We believe the proposed Act is self-centred, short-sighted, and in opposition to these principles,” they wrote.
University of Calgary political scientist Lisa Young said while the new bill will appeal to right-leaning Albertans and those who feel alienated by current political institutions, it also may turn off more moderate voters that the UCP would likely need to win the upcoming general election planned for the spring.
“There isn’t anything in this legislation to appeal to them, or to signal to them that Smith plans to govern as a centrist. There’s no sense that she is a moderate political figure who can have a big-tent party from this,” she said.
“For those who are concerned that Danielle Smith is a radical or an extremist, this legislation might confirm their suspicions.”
Young added the bill could be a stumbling block for the NDP, who could face the dilemma of voting against any use of the act even if it were used to oppose a federal policy considered unpopular by Albertans.
“They can simply say that the sovereignty act is unconstitutional, undemocratic, and they can never vote for anything that comes under the authority of this act,” she said.
“For those who are inclined to be suspicious of Notley and the NDP, I’m not sure that that inoculation is necessarily going to be enough.”
Trudeau ‘not looking for a fight’ on Sovereignty Act
On his way into a Wednesday morning caucus meeting, Prime Minister Justin Trudeau said the federal government will take a wait-and-see approach.
“I’m not going to take anything off the table, but I’m also not looking for a fight. We want to continue to be there to deliver for Albertans,” he said, adding he knows many people in Alberta are also concerned about the powers in the legislation.
“We know that the exceptional powers that the premier is choosing to give the Alberta government in bypassing the Alberta legislature is causing a lot of eyebrows to raise in Alberta and we’re going to see how this plays out,” Trudeau said.
Clarifying a comment earlier Wednesday the NDP said was the result of a miscommunication, Notley said in a statement to Postmedia Alberta doesn’t need Ottawa’s involvement.
“I’m not asking the federal government to intervene. I am calling on the members of the UCP to do the right thing and clean up this mess. Albertans need to get loud and put a stop to this legislation. This is about protecting our economic future.”
— With files from Ryan Tumilty and the Canadian Press
Story by Lisa Johnson , Matthew Black • Yesterday 30/11/2022
Alberta Premier Danielle Smith’s sovereignty act is drawing fire over the new power it grants to cabinet and is forcing the government to suggest it’s been misrepresented.
Alberta NDP Opposition Leader Rachel Notley.© Provided by Edmonton Journal
If passed, Bill 1 — the Alberta Sovereignty within a United Canada Act — would assert the province’s power to direct provincial agencies to act against federal laws it considers unconstitutional or harmful to Albertans.
It would also grant Smith’s cabinet a new power to change provincial laws outside of the house.
In a Wednesday morning news release attempting to clarify, the justice ministry claimed cabinet is only authorized to amend existing legislation as specifically outlined in a resolution brought under the act.
That doesn’t line up with the language of the bill itself, which doesn’t make resolutions binding, and requires they include measures government “should consider.”
NDP Leader Rachel Notley told reporters Wednesday the proposed bill attacks the democratic rights of Albertans by allowing the premier to sidestep the legislative assembly.
“There is nothing in the bill that compels the government to limit the options of cabinet in the resolution. And there is basically nothing in the bill that would limit the government’s ability to act once a resolution is passed,” she said, calling for it to be withdrawn.
She added the government’s talking points contradict what department officials told the Opposition the proposed bill would do.
In her first question period as premier and leader of the UCP, Danielle Smith defended her flagship legislation, denying that it represented an abuse of authority.
“Every decision that is going to be made has to first get the validation from this assembly,” said Smith.
Speaking to reporters on her way into the house, Trade, Immigration and Multiculturalism Minister Rajan Sawhney urged Albertans to read the bill to understand its procedure .
“We need to do some more communications around this because it’s not what has been depicted,” said Sawhney.
In question period, Justice Minister Tyler Shandro also emphasized the advance permission of the legislature.
“In this framework, cabinet cannot amend legislation without the specific direction provided by the MLAs in this assembly — cabinet can only work within those perimeters,” said Shandro.
Finance Minister Travis Toews, who once was highly critical of Smith’s earlier sovereignty act proposal, told reporters the bill as introduced addresses all of his previous concerns, including that it could create economic uncertainty.
“I’m supporting this bill because I believe those issues have been addressed,” he said, including that it be constitutional and respect the rule of law.
Toews’ comments come after the Calgary Chamber of Commerce warned the proposed act threatens to scare off investors and throw cold water on the province’s plans for economic growth.
‘Fights with the federal government don’t come close to that threshold’: expert
Eric Adams, a University of Alberta law professor and constitutional law scholar, said the policy aims of the legislation are constitutionally problematic and vulnerable.
Related video: Controversial sovereignty bill introduced in Alberta
Duration 4:04
View on Watch
Adams said it’s unjustifiable for the proposed bill to grant cabinet new power to change legislation outside the legislature.
“We should be, as a democratic society, suspicious and and wary of the basic premise that the executive has the unilateral power to amend legislation,” said Adams, noting that the democratic process evaporates without transparent, public debate over changes to law in the legislature.
Adams noted that such power could be justified in emergency circumstances: when there may be a need for a nimble response, perhaps in order to save lives or protect property.
In 2020 at the onset of the COVID-19 pandemic, the UCP under then-premier Jason Kenney faced a constitutional challenge over a bill that changed the Public Health Act to gave cabinet the ability to unilaterally change laws. His government walked back parts of that bill a year later.
Adams said the province has the power to direct the provincial entities listed in the act, including universities, school boards and municipalities, but it’s another matter to say that includes directing entities to ignore or resist federal law.
“No provincial government has ever done that,” said Adams, adding that it’s a matter for courts to weigh in on.
The proposed bill also shortens the timeline to challenge the law in court to 30 days from the typical six months, and elevates the standard of legal review to “patently unreasonable.”
“It’s effectively placing government decisions in this area beyond the capacity of challenge,” said Adams.
Notley called the details draconian.
“What that standard does is it limits the role of the courts,” she said.
While the government asserts that the bill will fully respect Indigenous and treaty rights, it continues to be criticized by some Alberta First Nation communities.
In a statement Tuesday , Treaty Six Chiefs reiterated their opposition to the proposed Bill 1, and noted that there was a lack of prior consultation on it.
“As Indigenous Peoples, we understand individual freedom as something that can only exist in the context of good relations with others, including our ancestors and the generations to come. We believe the proposed Act is self-centred, short-sighted, and in opposition to these principles,” they wrote.
University of Calgary political scientist Lisa Young said while the new bill will appeal to right-leaning Albertans and those who feel alienated by current political institutions, it also may turn off more moderate voters that the UCP would likely need to win the upcoming general election planned for the spring.
“There isn’t anything in this legislation to appeal to them, or to signal to them that Smith plans to govern as a centrist. There’s no sense that she is a moderate political figure who can have a big-tent party from this,” she said.
“For those who are concerned that Danielle Smith is a radical or an extremist, this legislation might confirm their suspicions.”
Young added the bill could be a stumbling block for the NDP, who could face the dilemma of voting against any use of the act even if it were used to oppose a federal policy considered unpopular by Albertans.
“They can simply say that the sovereignty act is unconstitutional, undemocratic, and they can never vote for anything that comes under the authority of this act,” she said.
“For those who are inclined to be suspicious of Notley and the NDP, I’m not sure that that inoculation is necessarily going to be enough.”
Trudeau ‘not looking for a fight’ on Sovereignty Act
On his way into a Wednesday morning caucus meeting, Prime Minister Justin Trudeau said the federal government will take a wait-and-see approach.
“I’m not going to take anything off the table, but I’m also not looking for a fight. We want to continue to be there to deliver for Albertans,” he said, adding he knows many people in Alberta are also concerned about the powers in the legislation.
“We know that the exceptional powers that the premier is choosing to give the Alberta government in bypassing the Alberta legislature is causing a lot of eyebrows to raise in Alberta and we’re going to see how this plays out,” Trudeau said.
Clarifying a comment earlier Wednesday the NDP said was the result of a miscommunication, Notley said in a statement to Postmedia Alberta doesn’t need Ottawa’s involvement.
“I’m not asking the federal government to intervene. I am calling on the members of the UCP to do the right thing and clean up this mess. Albertans need to get loud and put a stop to this legislation. This is about protecting our economic future.”
— With files from Ryan Tumilty and the Canadian Press
Politicians clash over whether sovereignty act would give province unchecked powers
Story by Janet French • Yesterday CBC
Premier Danielle Smith says the government's proposed sovereignty act would not give the provincial cabinet unchecked powers to rewrite laws, while critics say the premier's signature bill would do just that.
Alberta Premier Danielle Smith says the sovereignty act wouldn't give Alberta's cabinet unchecked law-changing powers. A law professor says it's not that straightforward.
"It says specifically that we're going to have more democracy in this place than anywhere else in Canada, because nothing can happen without us voting on it first, which is unlike what's been happening in the past," Jean told reporters.
The bill has raised questions — even by the Alberta government — about whether Canada's governor general could use the power of disallowance to forbid a provincial law that could enable Alberta to ignore federal laws the province says are harmful or unconstitutional.
In Ottawa Wednesday, Prime Minister Justin Trudeau said he wasn't ruling any options out, but wasn't looking for a fight.
"We know that the exceptional powers that the premier is choosing to give the Alberta government in bypassing the Alberta legislature is causing a lot of eyebrows to raise in Alberta, and we're going to see how this plays out," he said.
Story by Janet French • Yesterday CBC
Premier Danielle Smith says the government's proposed sovereignty act would not give the provincial cabinet unchecked powers to rewrite laws, while critics say the premier's signature bill would do just that.
Alberta Premier Danielle Smith says the sovereignty act wouldn't give Alberta's cabinet unchecked law-changing powers. A law professor says it's not that straightforward.
© Jason Franson/The Canadian Press
"It gives unprecedented ability to a brand new premier to overwhelm and sidestep the legislative assembly of this province and it is an attack on the democratic rights of Albertans, and through that, an attack on the stability of our economy," NDP Leader Rachel Notley said on her way into the legislative chamber Wednesday.
In question period and in scrums, members of the Smith government denied the Alberta Sovereignty Within a United Canada Act allows cabinet to change, add or suspend laws without the oversight of the legislature.
Smith said she looked forward to educating Notley, who is a lawyer, on the contents of the 12-page Bill 1.
"We know that Albertans want us to act on this," Smith said.
If passed, the bill would allow the legislature to pass a motion identifying an area where it believes the federal government has acted unconstitutionally or in a way that harms Alberta.
That motion would empower cabinet to amend laws or regulations to resist perceived federal incursions into provincial jurisdiction, and could require other provincially controlled public bodies to also disregard the offending federal law.
At a news conference Tuesday, Justice Minister Tyler Shandro acknowledged that once empowered by the act, cabinet's decision to change a law would not have to return to the legislature for a vote — the kind of power that is usually granted to governments temporarily during emergencies.
However, the province's justice ministry issued a clarification on Wednesday saying any proposed legal changes made by cabinet must first be included in a resolution approved by the legislature.
University of Alberta law Prof. Eric Adams said it's not that simple. The bill wanders into uncharted territory in Canadian law, and could be open to interpretation by courts, he said.
Legislatures don't usually make laws by passing a motion, he said. A motion comes with a lesser degree of public scrutiny and debate than introducing, debating and voting on legislation, he said.
"The idea that the democratic legitimacy of whatever the cabinet does can be traced back to and authorized by a simple vote on a motion is fundamentally flawed reasoning," Adams said in an interview.
Notley said it's clear the bill isn't ready, and the government should withdraw it before it causes economic damage. She says even talk of the legislation during the nearly-five month UCP leadership campaign spooked investors.
Cabinet ministers change their tunes
Also defending the act Wednesday were three cabinet ministers who panned the idea during this summer's United Conservative Party leadership race.
In September, leadership candidate Travis Toews called it a "false bill of goods." Brian Jean said Smith was "deceiving UCP members about reality" by making unachievable promises with the act. Rajan Sawhney called it a "Pandora's box" and urged Smith to call a general election before introducing the bill.
All three are now cabinet ministers in Smith's government. They said on Wednesday the premier listened to feedback from caucus and cabinet, and made changes to the proposed legislation that quelled their concerns.
Jean, now minister of jobs, economy and northern development, said it's "not the case at all" the act would give cabinet unchecked law-making power.
"It gives unprecedented ability to a brand new premier to overwhelm and sidestep the legislative assembly of this province and it is an attack on the democratic rights of Albertans, and through that, an attack on the stability of our economy," NDP Leader Rachel Notley said on her way into the legislative chamber Wednesday.
In question period and in scrums, members of the Smith government denied the Alberta Sovereignty Within a United Canada Act allows cabinet to change, add or suspend laws without the oversight of the legislature.
Smith said she looked forward to educating Notley, who is a lawyer, on the contents of the 12-page Bill 1.
"We know that Albertans want us to act on this," Smith said.
If passed, the bill would allow the legislature to pass a motion identifying an area where it believes the federal government has acted unconstitutionally or in a way that harms Alberta.
That motion would empower cabinet to amend laws or regulations to resist perceived federal incursions into provincial jurisdiction, and could require other provincially controlled public bodies to also disregard the offending federal law.
At a news conference Tuesday, Justice Minister Tyler Shandro acknowledged that once empowered by the act, cabinet's decision to change a law would not have to return to the legislature for a vote — the kind of power that is usually granted to governments temporarily during emergencies.
However, the province's justice ministry issued a clarification on Wednesday saying any proposed legal changes made by cabinet must first be included in a resolution approved by the legislature.
University of Alberta law Prof. Eric Adams said it's not that simple. The bill wanders into uncharted territory in Canadian law, and could be open to interpretation by courts, he said.
Legislatures don't usually make laws by passing a motion, he said. A motion comes with a lesser degree of public scrutiny and debate than introducing, debating and voting on legislation, he said.
"The idea that the democratic legitimacy of whatever the cabinet does can be traced back to and authorized by a simple vote on a motion is fundamentally flawed reasoning," Adams said in an interview.
Notley said it's clear the bill isn't ready, and the government should withdraw it before it causes economic damage. She says even talk of the legislation during the nearly-five month UCP leadership campaign spooked investors.
Cabinet ministers change their tunes
Also defending the act Wednesday were three cabinet ministers who panned the idea during this summer's United Conservative Party leadership race.
In September, leadership candidate Travis Toews called it a "false bill of goods." Brian Jean said Smith was "deceiving UCP members about reality" by making unachievable promises with the act. Rajan Sawhney called it a "Pandora's box" and urged Smith to call a general election before introducing the bill.
All three are now cabinet ministers in Smith's government. They said on Wednesday the premier listened to feedback from caucus and cabinet, and made changes to the proposed legislation that quelled their concerns.
Jean, now minister of jobs, economy and northern development, said it's "not the case at all" the act would give cabinet unchecked law-making power.
.jpg) |
| BRIAN JEAN ON THE LEFT |
"It says specifically that we're going to have more democracy in this place than anywhere else in Canada, because nothing can happen without us voting on it first, which is unlike what's been happening in the past," Jean told reporters.
The bill has raised questions — even by the Alberta government — about whether Canada's governor general could use the power of disallowance to forbid a provincial law that could enable Alberta to ignore federal laws the province says are harmful or unconstitutional.
In Ottawa Wednesday, Prime Minister Justin Trudeau said he wasn't ruling any options out, but wasn't looking for a fight.
"We know that the exceptional powers that the premier is choosing to give the Alberta government in bypassing the Alberta legislature is causing a lot of eyebrows to raise in Alberta, and we're going to see how this plays out," he said.
BUILD THE POPULAR FRONT AGAINST BILL 1
Alberta Sovereignty act a resource grab, violates Indigenous rights by its very existence, say First Nations leaders
Yesterday
First Nations leaders in Alberta are slamming Premier Danielle Smith on the province’s first piece of legislation under her leadership.
Yesterday, the premier introduced Bill 1, Alberta Sovereignty Within a United Canada Act.
The proposed legislation, she said, “is designed to be a constitutional shield to protect Albertans from unconstitutional federal laws and policies that harm our province’s economy or violate Alberta's provincial rights.”
“Nothing in this Act,” reads the bill, “is to be construed as…abrogating or derogating from any existing aboriginal and treaty rights of the aboriginal peoples of Canada that are recognized and affirmed by section 35 of the Constitution Act, 1982.”
The act by its existence has already done that, said Treaty 6, 7 and 8 leaders, pointing out that they were not consulted prior to the act being drafted.
“The lack of prior consultation with Indigenous Peoples about this proposed Act indicates that Reconciliation is not a priority for this premier or this government,” said the Confederacy of Treaty Six Nations in a statement issued yesterday.
First Nation leaders have stood shoulder-to-shoulder in opposition to Smith’s campaign promise of a sovereignty act since she was elected in October by her party members as the new leader of the United Conservative Party (UCP). By default, she became premier of Alberta without seeking a general election, which is scheduled for May 2023. Smith did win a by-election earlier this month to take a seat in the legislature.
The sovereignty act allows Cabinet to bring forward resolutions to the assembly on “federal initiatives” deemed to be unconstitutional or Cabinet anticipates will “cause harm” to Albertans.
High on its priority list, said Smith, is regulating and controlling Alberta’s natural resources and economic development and battling Bill C-69.
Bill C-69 is federal environmental legislation that includes enhanced Indigenous consultation for projects that require federal impact assessments and certain federal regulatory approvals and permits. Impacts on Indigenous peoples and their asserted and established Aboriginal or treaty rights must be considered in making decisions on projects. Bill C-69 stresses the need for free, prior and informed consent.
“We understand the proposed Act as a ploy to access resources and extract them at an unrestricted rate, leaving the land unprotected,” said Treaty 6, 7 and 8 sovereign chiefs in a joint statement prior to the bill’s introduction.
“The Alberta Sovereignty Within a United Canada Act is just another unlawful attempt to continue the province’s deliberate abuse and exploitation of our peoples, lands, territories, and resources,” said Treaty 8 Grand Chief Arthur Noskey in a statement that followed the introduction of Bill 1.
Noskey went a step further saying Treaty 8 would manage their territory, including their resources, themselves. He invited industry with interests in Treaty 8 territory to meet directly with them at their governance table.
“If you want certainty, come to the table of the rights holders!” he said.
Smith’s legislation proposes to give Cabinet sweeping powers that go unchecked by the rest of the assembly. Although a resolution, introduced by her or her Cabinet, needs to receive approval from the legislative assembly initially, it does not need to return to the assembly for a further vote even though ministers can “suspend or modify the application or operation of all or part” of that resolution.
A clarification offered Nov. 30 from the Alberta Justice department states that Cabinet is only authorized to amend existing legislation as specifically outlined in a resolution brought under the act.
“If there is any dispute as to whether or not cabinet amended legislation outside of the specific recommendations contained in the resolution, including any amendments by the legislative assembly to the resolution, such actions would still be subject to both judicial review as well as review by the legislative assembly itself,” says the statement.
According to the sovereignty bill, a judicial review may be filed within 30 days of a resolution or action being taken. A constitutional court challenge can be made at any time so, “the constitutionality of each resolution brought under the Act will have to be carefully drafted and reviewed on a case-by-case basis to ensure the resolutions are constitutionally defensible,” says the government.
A resolution remains in place until it is rescinded by the legislative assembly or for two years. However, an additional two years may be approved by the assembly.
Directives imposed by the resolution must be followed by all provincial entities, which includes Crown corporations, such as the Alberta Indigenous Opportunities Corporation; public agencies; health authorities; school boards; municipal governments; municipal and regional police forces, including the RCMP as it has a contract with the province; and more.
However, the bill does not set out what measures can be or will be taken if those directives are not followed.
Smith has said that when this legislation is in place, it will be the federal government’s responsibility to move forward with any constitutional challenges.
As for the sovereignty bill itself, the provincial government says, “As written, it is likely to be found constitutional if challenged.”
Noskey disagrees. He calls the legislation unconstitutional, saying Smith and her government are “in dishonor of Treaty No. 8 (which)…supersedes the Canadian Constitution and provincial legislations.”
While they are still reviewing the act, the Confederacy of Treaty Six Nations say, “As Indigenous Peoples, we understand individual freedom as something that can only exist in the context of good relations with others, including our ancestors and the generations to come.”
They believe “the proposed Act is self-centred, short-sighted and in opposition to these principles.”
Also yesterday, former UCP leader Jason Kenney resigned his Calgary Lougheed seat immediately after the act was introduced. Kenney, who had been voted out by his party members as leader, had been critical of Smith’s sovereignty act while she was campaigning.
Kenney did not link his resignation directly to the introduction of Bill 1, but said in a statement, “…I am concerned that our democratic life is veering away from ordinary prudential debate toward a polarization that undermines our bedrock institutions and principles.”
He criticized the far right for “a vengeful anger and toxic cynicism” and the far left for dividing “society dangerously along identity lines.”
Windspeaker.com
By Shari Narine, Local Journalism Initiative Reporter, Windspeaker.com
Yesterday
First Nations leaders in Alberta are slamming Premier Danielle Smith on the province’s first piece of legislation under her leadership.
Yesterday, the premier introduced Bill 1, Alberta Sovereignty Within a United Canada Act.
The proposed legislation, she said, “is designed to be a constitutional shield to protect Albertans from unconstitutional federal laws and policies that harm our province’s economy or violate Alberta's provincial rights.”
“Nothing in this Act,” reads the bill, “is to be construed as…abrogating or derogating from any existing aboriginal and treaty rights of the aboriginal peoples of Canada that are recognized and affirmed by section 35 of the Constitution Act, 1982.”
The act by its existence has already done that, said Treaty 6, 7 and 8 leaders, pointing out that they were not consulted prior to the act being drafted.
“The lack of prior consultation with Indigenous Peoples about this proposed Act indicates that Reconciliation is not a priority for this premier or this government,” said the Confederacy of Treaty Six Nations in a statement issued yesterday.
First Nation leaders have stood shoulder-to-shoulder in opposition to Smith’s campaign promise of a sovereignty act since she was elected in October by her party members as the new leader of the United Conservative Party (UCP). By default, she became premier of Alberta without seeking a general election, which is scheduled for May 2023. Smith did win a by-election earlier this month to take a seat in the legislature.
The sovereignty act allows Cabinet to bring forward resolutions to the assembly on “federal initiatives” deemed to be unconstitutional or Cabinet anticipates will “cause harm” to Albertans.
High on its priority list, said Smith, is regulating and controlling Alberta’s natural resources and economic development and battling Bill C-69.
Bill C-69 is federal environmental legislation that includes enhanced Indigenous consultation for projects that require federal impact assessments and certain federal regulatory approvals and permits. Impacts on Indigenous peoples and their asserted and established Aboriginal or treaty rights must be considered in making decisions on projects. Bill C-69 stresses the need for free, prior and informed consent.
“We understand the proposed Act as a ploy to access resources and extract them at an unrestricted rate, leaving the land unprotected,” said Treaty 6, 7 and 8 sovereign chiefs in a joint statement prior to the bill’s introduction.
“The Alberta Sovereignty Within a United Canada Act is just another unlawful attempt to continue the province’s deliberate abuse and exploitation of our peoples, lands, territories, and resources,” said Treaty 8 Grand Chief Arthur Noskey in a statement that followed the introduction of Bill 1.
Noskey went a step further saying Treaty 8 would manage their territory, including their resources, themselves. He invited industry with interests in Treaty 8 territory to meet directly with them at their governance table.
“If you want certainty, come to the table of the rights holders!” he said.
Smith’s legislation proposes to give Cabinet sweeping powers that go unchecked by the rest of the assembly. Although a resolution, introduced by her or her Cabinet, needs to receive approval from the legislative assembly initially, it does not need to return to the assembly for a further vote even though ministers can “suspend or modify the application or operation of all or part” of that resolution.
A clarification offered Nov. 30 from the Alberta Justice department states that Cabinet is only authorized to amend existing legislation as specifically outlined in a resolution brought under the act.
“If there is any dispute as to whether or not cabinet amended legislation outside of the specific recommendations contained in the resolution, including any amendments by the legislative assembly to the resolution, such actions would still be subject to both judicial review as well as review by the legislative assembly itself,” says the statement.
According to the sovereignty bill, a judicial review may be filed within 30 days of a resolution or action being taken. A constitutional court challenge can be made at any time so, “the constitutionality of each resolution brought under the Act will have to be carefully drafted and reviewed on a case-by-case basis to ensure the resolutions are constitutionally defensible,” says the government.
A resolution remains in place until it is rescinded by the legislative assembly or for two years. However, an additional two years may be approved by the assembly.
Directives imposed by the resolution must be followed by all provincial entities, which includes Crown corporations, such as the Alberta Indigenous Opportunities Corporation; public agencies; health authorities; school boards; municipal governments; municipal and regional police forces, including the RCMP as it has a contract with the province; and more.
However, the bill does not set out what measures can be or will be taken if those directives are not followed.
Smith has said that when this legislation is in place, it will be the federal government’s responsibility to move forward with any constitutional challenges.
As for the sovereignty bill itself, the provincial government says, “As written, it is likely to be found constitutional if challenged.”
Noskey disagrees. He calls the legislation unconstitutional, saying Smith and her government are “in dishonor of Treaty No. 8 (which)…supersedes the Canadian Constitution and provincial legislations.”
While they are still reviewing the act, the Confederacy of Treaty Six Nations say, “As Indigenous Peoples, we understand individual freedom as something that can only exist in the context of good relations with others, including our ancestors and the generations to come.”
They believe “the proposed Act is self-centred, short-sighted and in opposition to these principles.”
Also yesterday, former UCP leader Jason Kenney resigned his Calgary Lougheed seat immediately after the act was introduced. Kenney, who had been voted out by his party members as leader, had been critical of Smith’s sovereignty act while she was campaigning.
Kenney did not link his resignation directly to the introduction of Bill 1, but said in a statement, “…I am concerned that our democratic life is veering away from ordinary prudential debate toward a polarization that undermines our bedrock institutions and principles.”
He criticized the far right for “a vengeful anger and toxic cynicism” and the far left for dividing “society dangerously along identity lines.”
Bill 1 can be viewed here: https://www.assembly.ab.ca/assembly-business/bills/bill?billinfoid=11984&from=bills
Windspeaker.com
By Shari Narine, Local Journalism Initiative Reporter, Windspeaker.com
Alta. sovereignty act damaging to business: Calgary Chamber of Commerce
CALGARY — Alberta's proposed sovereignty act threatens to scare off investors and talent and derail the province's plans for economic growth, a prominent business group warned Wednesday.
Alta. sovereignty act damaging to business: Calgary Chamber of Commerce
Legal experts say Ottawa unlikely to be 'main combatant' in Alberta sovereignty fightCALGARY — Alberta's proposed sovereignty act threatens to scare off investors and talent and derail the province's plans for economic growth, a prominent business group warned Wednesday.
Alta. sovereignty act damaging to business: Calgary Chamber of Commerce
© Provided by The Canadian Press
The Calgary Chamber of Commerce pushed back against the United Alberta Sovereignty Within a United Canada Act, one day after Alberta Premier Danielle Smith introduced her flagship bill in the legislature.
“There’s no shred of evidence that this act will lead to economic growth," Chamber president and CEO Deborah Yedlin said in an interview.
“You can’t tell me this is going to support economic growth and support continued economic diversification in this province.”
The Chamber had expressed its opposition to the idea of a sovereignty act, which was a key plank of Smith's successful race to replace former premier Jason Kenney as leader of Alberta's United Conservative Party.
But Yedlin said the details of the proposed legislation, as revealed Tuesday, have "gone further" than even what the business group expected.
Under the proposed legislation, cabinet would have the power to direct provincial entities — including Crown-controlled organizations, police, health authorities, municipalities, school boards — to not use provincial money to enforce federal rules deemed harmful to Alberta's interests.
Smith has said the bill is needed to reset Alberta's relationship with Ottawa and would be used to push back on issues including fertilizer restrictions, firearms, energy and health care.
The UCP government has said any resolution brought under the act must first be introduced, debated, voted on and passed by the legislative assembly. However, critics have said the proposed bill appears to give Smith and her cabinet the power to rewrite provincial laws behind closed doors.
“It could be perceived as being undemocratic," Yedlin said, adding Alberta has a labour shortage right now and anything that negatively impacts the province's image will interfere with employers' ability to entice young workers from other jurisdictions.
"For people wanting to come and build a new life in this province and take advantage of the opportunities that are here, the views that are being presented right now are not necessarily supporting the attraction of the talent that we need."
She said it will also make it harder for the province's energy sector to work collaboratively with the federal government. The oilsands industry, for example, through its Pathways Alliance industry group, is currently seeking federal support for its proposed multi-billion-dollar carbon capture and storage network.
"This (bill) will cause transactional friction, which will cause companies to rethink their investment plans," Yedlin said.
Alberta has clashed with Ottawa many times in recent years over federal initiatives the province believes has hurt its economy, and in particular, its largest industry, the oil and gas sector. Under Kenney, the province launched a legal challenge against federal Bill C-69, the Impact Assessment Act, which Alberta saw as being anti-oil and damaging to its economic interests.
Smith has said her proposed legislation will give Alberta a way to fight back against federal initiatives that are harmful to the province's interests or infringe on the division of powers in the Constitution.
But even some of Smith's cabinet ministers have expressed their concern for what this type of legislation could mean for Alberta businesses.
Provincial Environment Minister Sonya Savage, who had the Energy portfolio under Kenney, wrote in an op-ed in September that she was hearing from international investors concerned about the possibility of a sovereignty act.
"I can tell you, for certain, that the sovereignty act is not the solution. Implementing the Sovereignty Act would create instability and chaos," Savage wrote at the time.
Kenney, who resigned his seat in the legislature Tuesday, has been a staunch critic of the legislation. In September, he said it would turn Alberta into a "banana republic" and drive away investment and job creation.
On Wednesday, the Canadian Association of Petroleum Producers said it is still reviewing the text of the legislation, but added that as an oil and gas lobby organization, it needs to be able to work with all governments and parties.
"We are concerned about any government policy that has the potential to create uncertainty for investors," said CAPP president and CEO Lisa Baiton in an emailed statement.
Not all business groups in Alberta have been as vocal as the Calgary Chamber has been on the bill. On Wednesday, the Business Council of Alberta — whose membership includes the CEOs of some of the province's largest companies — said it doesn't have a position on the proposal yet and is still consulting with members and legal partners to assess its implications.
This report by The Canadian Press was first published Nov. 30, 2022.
Amanda Stephenson, The Canadian Press
The Calgary Chamber of Commerce pushed back against the United Alberta Sovereignty Within a United Canada Act, one day after Alberta Premier Danielle Smith introduced her flagship bill in the legislature.
“There’s no shred of evidence that this act will lead to economic growth," Chamber president and CEO Deborah Yedlin said in an interview.
“You can’t tell me this is going to support economic growth and support continued economic diversification in this province.”
The Chamber had expressed its opposition to the idea of a sovereignty act, which was a key plank of Smith's successful race to replace former premier Jason Kenney as leader of Alberta's United Conservative Party.
But Yedlin said the details of the proposed legislation, as revealed Tuesday, have "gone further" than even what the business group expected.
Under the proposed legislation, cabinet would have the power to direct provincial entities — including Crown-controlled organizations, police, health authorities, municipalities, school boards — to not use provincial money to enforce federal rules deemed harmful to Alberta's interests.
Smith has said the bill is needed to reset Alberta's relationship with Ottawa and would be used to push back on issues including fertilizer restrictions, firearms, energy and health care.
The UCP government has said any resolution brought under the act must first be introduced, debated, voted on and passed by the legislative assembly. However, critics have said the proposed bill appears to give Smith and her cabinet the power to rewrite provincial laws behind closed doors.
“It could be perceived as being undemocratic," Yedlin said, adding Alberta has a labour shortage right now and anything that negatively impacts the province's image will interfere with employers' ability to entice young workers from other jurisdictions.
"For people wanting to come and build a new life in this province and take advantage of the opportunities that are here, the views that are being presented right now are not necessarily supporting the attraction of the talent that we need."
She said it will also make it harder for the province's energy sector to work collaboratively with the federal government. The oilsands industry, for example, through its Pathways Alliance industry group, is currently seeking federal support for its proposed multi-billion-dollar carbon capture and storage network.
"This (bill) will cause transactional friction, which will cause companies to rethink their investment plans," Yedlin said.
Alberta has clashed with Ottawa many times in recent years over federal initiatives the province believes has hurt its economy, and in particular, its largest industry, the oil and gas sector. Under Kenney, the province launched a legal challenge against federal Bill C-69, the Impact Assessment Act, which Alberta saw as being anti-oil and damaging to its economic interests.
Smith has said her proposed legislation will give Alberta a way to fight back against federal initiatives that are harmful to the province's interests or infringe on the division of powers in the Constitution.
But even some of Smith's cabinet ministers have expressed their concern for what this type of legislation could mean for Alberta businesses.
Provincial Environment Minister Sonya Savage, who had the Energy portfolio under Kenney, wrote in an op-ed in September that she was hearing from international investors concerned about the possibility of a sovereignty act.
"I can tell you, for certain, that the sovereignty act is not the solution. Implementing the Sovereignty Act would create instability and chaos," Savage wrote at the time.
Kenney, who resigned his seat in the legislature Tuesday, has been a staunch critic of the legislation. In September, he said it would turn Alberta into a "banana republic" and drive away investment and job creation.
On Wednesday, the Canadian Association of Petroleum Producers said it is still reviewing the text of the legislation, but added that as an oil and gas lobby organization, it needs to be able to work with all governments and parties.
"We are concerned about any government policy that has the potential to create uncertainty for investors," said CAPP president and CEO Lisa Baiton in an emailed statement.
Not all business groups in Alberta have been as vocal as the Calgary Chamber has been on the bill. On Wednesday, the Business Council of Alberta — whose membership includes the CEOs of some of the province's largest companies — said it doesn't have a position on the proposal yet and is still consulting with members and legal partners to assess its implications.
This report by The Canadian Press was first published Nov. 30, 2022.
Amanda Stephenson, The Canadian Press
CALGARY — Constitutional law experts say it's unlikely Ottawa will rush to fight Alberta over a proposed sovereignty bill that would give the provincial government new powers to resist what it considers federal intrusion.
Legal experts say Ottawa unlikely to be 'main combatant' in Alberta sovereignty fight© Provided by The Canadian Press
Eric Adams, a constitutional law expert at the University of Alberta, calls the legislation "unprecedented" and an attempt to "rewrite the basic rules of federalism."
But he doesn't expect the federal government will engage.
"I think the more likely scenario here is that calm and cool heads will dictate that the federal response should be mostly a passive one — at least in the early days — and that they'll be eager to wait for this matter to get in front of the courts and then they'll decide how deeply involved they become," he said Wednesday.
"My strong suspicion is they don't want to be the main combatant."
The proposed Alberta Sovereignty within a United Canada Act introduced Tuesday would grant Premier Danielle Smith and her cabinet broad powers to rewrite provincial laws behind closed doors if a resolution passes in the house identifying a federal matter deemed unconstitutional or harmful to Alberta.
It would allow cabinet to direct Crown-controlled organizations, municipalities, school boards, municipal police forces and other entities to not use funds to enforce federal rules.
Smith said past efforts to work with the federal government haven't worked and Ottawa continues to interfere in constitutionally protected areas of provincial responsibility from energy to health care.
Prime Minister Justin Trudeau briefly addressed the proposed legislation Wednesday.
"I'm not going to take anything off the table,'' he said in Ottawa. "I'm also not looking for a fight."
Adams said the federal government would be playing into Smith's hands if it was seen to be singling out Alberta for different treatment given the largely hands-off approach it has used in its dealings with Quebec.
He said a case might be made before the courts that the bill is constitutional, but he doesn't expect that will happen.
"I think it goes too far in suggesting that provinces have the authority to order entities within the province to refuse federal laws," Adams said.
He said it also might make sense for Ottawa to wait until Alberta's scheduled provincial election in May.
"The other possibility is this is legislation that is not long lived. Certainly, the NDP has indicated that they don't support the bill and I imagine this will be one of the wedge issues in the election campaign to come."
Martin Olszynski, an associate law professor at the University of Calgary who focuses on energy, environment and natural resources, called the proposed legislation "extraordinary."
"And when people make extraordinary claims they should require extraordinary proof," he said.
"The premier would have us believe that in order to be successful in her fight with Ottawa she needs to kneecap democratic accountability in the province of Alberta and I find that really hard to accept."
Olszynski said it's unlikely the bill, if passed, would give Alberta an advantage when it comes to natural resource development, since most federal resource laws apply directly to companies operating in the province.
"If you're Suncor and you want to build an oilsands mine, there's no scope there for the provincial government to say we're not going to enforce this legislation," he said.
"It applies to you directly and you have a federal bureaucracy that you deal with. The same is true for our oil and gas emissions cap. The same is true for the carbon price."
Olszynski expects the sovereignty act will go to the courts in Alberta, but it will be driven by individuals and groups within the province.
"(Smith is) asking the legislature to give her an extraordinary power for her and her colleagues so I think there are going to be Albertans who looking at that situation aren't convinced that is a good way to go."
This report by The Canadian Press was first published Nov. 30, 2022.
Bill Graveland, The Canadian Press
Legal experts say Ottawa unlikely to be 'main combatant' in Alberta sovereignty fight© Provided by The Canadian Press
Eric Adams, a constitutional law expert at the University of Alberta, calls the legislation "unprecedented" and an attempt to "rewrite the basic rules of federalism."
But he doesn't expect the federal government will engage.
"I think the more likely scenario here is that calm and cool heads will dictate that the federal response should be mostly a passive one — at least in the early days — and that they'll be eager to wait for this matter to get in front of the courts and then they'll decide how deeply involved they become," he said Wednesday.
"My strong suspicion is they don't want to be the main combatant."
The proposed Alberta Sovereignty within a United Canada Act introduced Tuesday would grant Premier Danielle Smith and her cabinet broad powers to rewrite provincial laws behind closed doors if a resolution passes in the house identifying a federal matter deemed unconstitutional or harmful to Alberta.
It would allow cabinet to direct Crown-controlled organizations, municipalities, school boards, municipal police forces and other entities to not use funds to enforce federal rules.
Smith said past efforts to work with the federal government haven't worked and Ottawa continues to interfere in constitutionally protected areas of provincial responsibility from energy to health care.
Prime Minister Justin Trudeau briefly addressed the proposed legislation Wednesday.
"I'm not going to take anything off the table,'' he said in Ottawa. "I'm also not looking for a fight."
Adams said the federal government would be playing into Smith's hands if it was seen to be singling out Alberta for different treatment given the largely hands-off approach it has used in its dealings with Quebec.
He said a case might be made before the courts that the bill is constitutional, but he doesn't expect that will happen.
"I think it goes too far in suggesting that provinces have the authority to order entities within the province to refuse federal laws," Adams said.
He said it also might make sense for Ottawa to wait until Alberta's scheduled provincial election in May.
"The other possibility is this is legislation that is not long lived. Certainly, the NDP has indicated that they don't support the bill and I imagine this will be one of the wedge issues in the election campaign to come."
Martin Olszynski, an associate law professor at the University of Calgary who focuses on energy, environment and natural resources, called the proposed legislation "extraordinary."
"And when people make extraordinary claims they should require extraordinary proof," he said.
"The premier would have us believe that in order to be successful in her fight with Ottawa she needs to kneecap democratic accountability in the province of Alberta and I find that really hard to accept."
Olszynski said it's unlikely the bill, if passed, would give Alberta an advantage when it comes to natural resource development, since most federal resource laws apply directly to companies operating in the province.
"If you're Suncor and you want to build an oilsands mine, there's no scope there for the provincial government to say we're not going to enforce this legislation," he said.
"It applies to you directly and you have a federal bureaucracy that you deal with. The same is true for our oil and gas emissions cap. The same is true for the carbon price."
Olszynski expects the sovereignty act will go to the courts in Alberta, but it will be driven by individuals and groups within the province.
"(Smith is) asking the legislature to give her an extraordinary power for her and her colleagues so I think there are going to be Albertans who looking at that situation aren't convinced that is a good way to go."
This report by The Canadian Press was first published Nov. 30, 2022.
Bill Graveland, The Canadian Press
List of areas the Alberta government accuses Ottawa of overreaching
EDMONTON — When the Alberta legislature resumed sitting Tuesday, the first bill introduced by the United Conservative Party government was one aimed at shielding the province from federal laws it deems harmful to its interests.
The Alberta Sovereignty Within a United Canada Act was a key promise from Premier Danielle Smith when she was running for the leadership of the party, replacing Jason Kenney.
Smith said Tuesday that past efforts to work with the federal government have not worked and Ottawa continues to interfere in constitutionally protected areas of provincial responsibility.
Here are four areas Alberta has accused the federal government of overreaching:
CARBON PRICING
Last year, Kenney said that he hoped the Supreme Court of Canada decision upholding Ottawa’s right to levy a carbon tax on provinces wouldn't open the door to federal overreach in other areas.
Alberta, along with Ontario and Saskatchewan, challenged the federal carbon pricing rules.
In its 6-3 decision, the Supreme Court ruled that climate change is a critical threat to the globe and that Canada cannot effectively combat it if each province can go its own way on greenhouse gas emissions.
Kenney’s government campaigned and won the 2019 election around a centrepiece promise to scrap the Alberta NDP consumer carbon tax and that was his first bill as premier, prompting Ottawa to impose its own levy at the start of 2020.
Smith, who was sworn in as premier last month, has said her government is planing another challenge.
IMPACT ASSESSMENT ACT
The Alberta government, calling it a Trojan Horse, challenged the federal act and was supported by Saskatchewan and Ontario.
The Impact Assessment Act, given royal assent in 2019, lists activities that trigger an impact review and allows Ottawa to consider the effects of new resource projects on a range of environmental and social issues, including climate change.
Alberta asked its Appeal Court for a reference, or an opinion, which is not a binding decision and is used to guide governments in determining a law’s meaning or constitutionality.
In May, the Alberta Court of Appeal said the act is an "existential threat" to the division of powers guaranteed by the Constitution.
FIREARMS
In September, the Alberta government said it was taking steps to oppose federal firearms prohibition legislation and the potential seizure of thousands of assault-style weapons.
Since May 2020, Ottawa has prohibited more than 1,500 different models of assault-style firearms from being used or sold in Canada. It has committed to establishing a buyback program to remove those firearms from communities.
Alberta Justice Minister Tyler Shandro said the province will not agree to have RCMP officers act as "confiscation agents" and will protest any such move under the provincial-federal agreement that governs policing.
Alberta also plans to seek intervener status in six ongoing judicial review applications challenging the constitutionality of the legislation.
FERTILIZER
The Alberta government, along with Saskatchewan, said in July that it was disappointed with Ottawa’s fertilizer emissions reduction target.
Federal Agriculture Minister Marie-Claude Bibeau has said reducing those emissions by nearly a third by 2030 is ambitious but must be accomplished.
In a news release at the time, the provinces said the commitment to future consultations is only to determine how to meet the target “unilaterally imposed” on the industry, not to consult on what is achievable or attainable.
This report by The Canadian Press was first published Nov. 30, 2022.
EDMONTON — When the Alberta legislature resumed sitting Tuesday, the first bill introduced by the United Conservative Party government was one aimed at shielding the province from federal laws it deems harmful to its interests.
The Alberta Sovereignty Within a United Canada Act was a key promise from Premier Danielle Smith when she was running for the leadership of the party, replacing Jason Kenney.
Smith said Tuesday that past efforts to work with the federal government have not worked and Ottawa continues to interfere in constitutionally protected areas of provincial responsibility.
Here are four areas Alberta has accused the federal government of overreaching:
CARBON PRICING
Last year, Kenney said that he hoped the Supreme Court of Canada decision upholding Ottawa’s right to levy a carbon tax on provinces wouldn't open the door to federal overreach in other areas.
Alberta, along with Ontario and Saskatchewan, challenged the federal carbon pricing rules.
In its 6-3 decision, the Supreme Court ruled that climate change is a critical threat to the globe and that Canada cannot effectively combat it if each province can go its own way on greenhouse gas emissions.
Kenney’s government campaigned and won the 2019 election around a centrepiece promise to scrap the Alberta NDP consumer carbon tax and that was his first bill as premier, prompting Ottawa to impose its own levy at the start of 2020.
Smith, who was sworn in as premier last month, has said her government is planing another challenge.
IMPACT ASSESSMENT ACT
The Alberta government, calling it a Trojan Horse, challenged the federal act and was supported by Saskatchewan and Ontario.
The Impact Assessment Act, given royal assent in 2019, lists activities that trigger an impact review and allows Ottawa to consider the effects of new resource projects on a range of environmental and social issues, including climate change.
Alberta asked its Appeal Court for a reference, or an opinion, which is not a binding decision and is used to guide governments in determining a law’s meaning or constitutionality.
In May, the Alberta Court of Appeal said the act is an "existential threat" to the division of powers guaranteed by the Constitution.
FIREARMS
In September, the Alberta government said it was taking steps to oppose federal firearms prohibition legislation and the potential seizure of thousands of assault-style weapons.
Since May 2020, Ottawa has prohibited more than 1,500 different models of assault-style firearms from being used or sold in Canada. It has committed to establishing a buyback program to remove those firearms from communities.
Alberta Justice Minister Tyler Shandro said the province will not agree to have RCMP officers act as "confiscation agents" and will protest any such move under the provincial-federal agreement that governs policing.
Alberta also plans to seek intervener status in six ongoing judicial review applications challenging the constitutionality of the legislation.
FERTILIZER
The Alberta government, along with Saskatchewan, said in July that it was disappointed with Ottawa’s fertilizer emissions reduction target.
Federal Agriculture Minister Marie-Claude Bibeau has said reducing those emissions by nearly a third by 2030 is ambitious but must be accomplished.
In a news release at the time, the provinces said the commitment to future consultations is only to determine how to meet the target “unilaterally imposed” on the industry, not to consult on what is achievable or attainable.
This report by The Canadian Press was first published Nov. 30, 2022.
Smith introduces flagship Alberta Sovereignty Within a United Canada Act, giving cabinet new power
Story by Lisa Johnson , Matthew Black • Tuesday 29/11/22
Edmonton Journal
Premier Danielle Smith looks into the gallery as the Fourth Session of the 30th Legislature opens with the Speech from the Throne delivered by Lieutenant Governor Salma Lakhani on Tuesday, Nov. 29, 2022 at the Alberta Legislature in Edmonton.
Story by Lisa Johnson , Matthew Black • Tuesday 29/11/22
Edmonton Journal
Premier Danielle Smith looks into the gallery as the Fourth Session of the 30th Legislature opens with the Speech from the Throne delivered by Lieutenant Governor Salma Lakhani on Tuesday, Nov. 29, 2022 at the Alberta Legislature in Edmonton.
Greg Southam-Postmedia© Provided by Edmonton Journal
Following months of anticipation, Premier Danielle Smith introduced her much-maligned signature law in the Alberta legislature Tuesday, one that grants her cabinet a new power to change laws without house approval.
The Alberta Sovereignty within a United Canada Act pledges to give Alberta the power to direct provincial agencies to act against federal laws it considers unconstitutional or harmful to Albertans, delivering on much of what Smith promised throughout the leadership campaign under the previously dubbed Alberta sovereignty act.
“This legislation is designed to be a constitutional shield to protect Albertans from unconstitutional federal laws and policies that harm our province’s economy or violate Alberta’s provincial rights,” Smith said as she introduced the bill.
The act, tabled as Bill 1, endeavours to shift the onus of constitutionality to the federal government, inviting Ottawa to challenge applications of the new law in court, rather than the province taking the federal government to court over laws it doesn’t agree with.
It also relies on the opinion of Alberta MLAs to characterize federal initiatives as unconstitutional, harmful to Albertans, or both. The bill doesn’t include a definition of “harmful” to Albertans.
Using those categories, a minister would propose a motion identifying a specific federal policy or piece of legislation and explaining how it runs contrary to the constitution or is detrimental to the province.
The legislative assembly would then debate and vote on that motion. If passed, the resolution would authorize cabinet to undertake a number of actions.
Related
Alberta Lt.-Gov. Salma Lakhani delivers Throne Speech focused on affordability, health-care reform, jobs, and fighting Ottawa
Alberta on track to hit $12.3 billion surplus as oil prices soften and spending ramps up
Those include giving directives to “provincial entities,” like a health authority, school board, police service, crown-controlled organization, publicly funded service provider, or provincial agency.
The act also gives cabinet the unusual power to change legislation with an order in council, typically a power reserved only for regulatory changes. It’s akin to the temporary emergency powers the UCP government gave cabinet to suspend legislation at the start of the COVID-19 pandemic.
‘I hope we never have to use this bill’: Smith
At a news conference following the introduction of the bill, Justice Minister Tyler Shandro emphasized that cabinet unilaterally amending laws would only happen “after an open and democratic debate and vote in the legislative assembly first.”
When asked how far cabinet could go beyond the resolutions, Shandro said it’s up to the assembly to hold cabinet to account.
Smith said the bill is intended to be democratic and transparent.
When asked by a reporter why it was necessary to give cabinet what is normally an emergency power, Smith said Alberta’s previous efforts to fight back against the federal government have failed, and the province needs the power to reset its relationship with Ottawa.
“Because we’ve been ignored,” said Smith, who added she’s hopeful the federal government is starting to recognize that natural resources fall under provincial jurisdiction.
“I hope we never have to use this bill. I hope that we’ve sent a message to Ottawa that we will vigorously defend our constitutional areas of jurisdiction and they should just butt out,” said Smith.
The legislation would not give the government the power to direct private citizens or businesses to violate federal law.
The bill also provides protection to provincial entities from civil liability when they are acting in good faith under a directive issued under the bill, government officials said.
The government, in its briefing materials, added it will “defend its provincial jurisdiction” while fully respecting Indigenous and treaty rights, Canada’s Constitution and the courts. It’s unclear if the government has done consultations yet on Indigenous rights; in recent weeks, chiefs from Alberta’s First Nation communities have spoken out against the bill.
The province also addressed the fear that the federal government may utilize the constitutional power of disallowance — one that hasn’t been used since the 1940s — to essentially veto the legislation.
“If the federal government were to use the disallowance power against the act, they would provoke an unprecedented constitutional crisis. While we do not know for certain, we believe this scenario is unlikely,” the government said.
Smith has told her ministers to prepare special resolutions under the proposed act for the spring legislative session to push back on federal Bill C-69, any potential mandatory fertilizer cuts and emissions reductions, firearm confiscation, or strings-attached funding in health care and education.
While those were examples given, it’s as yet unclear how that would happen. Notably, the RCMP — which polices much of rural and small-town Alberta — is not directly captured by the legislation, although Mounties could be subject to ministerial orders, government officials said.
‘It is certainly anti-democratic’: NDP
All present members of the Opposition NDP voted against the bill Tuesday, with deputy party leader Sarah Hoffman saying the act gave Smith’s government “dictatorial powers” to rewrite laws behind closed doors after passing a motion in the house.
“It is certainly anti-democratic. It is incredibly bad for the economy — we’ve already seen a chilling effect from even simply talking about the sovereignty act in the investor community,” said Hoffman.
An order made under the act would last for up to two years but could be extended for another two years.
There is no appeal mechanism set out in the bill. It could be challenged in court, but the legislation sets out a 30-day time limit for bringing a judicial review application, instead of the typical six months.
Smith’s original leadership campaign proposal was modelled off a proposal last year from the Free Alberta Strategy, and it was criticized throughout the UCP leadership race among many members of the UCP caucus, including most of Smith’s leadership rivals.
Critics, including former premier Jason Kenney, who dismissed it as “ cockamamie,” warned it would be illegal and would scare investors from the province.
Legal scholars have previously said the proposal would be unconstitutional , incompatible with the rule of law , and go against the separation of powers between different levels of government.
‘Provincial entities’ as defined in the act include:
– a provincial public agency,
– a provincial Crown-controlled organization,
– an entity that carries out a power, duty or function under a provincial enactment,
– an entity that receives a grant or other public funds from the provincial government that is contingent on the provision of a public service,
– a regional health authority,
– a public post-secondary institution,
– a school board,
– a municipality,
– a municipal or regional police service, and
– any other similar provincially regulated entity set out in the regulations.
Following months of anticipation, Premier Danielle Smith introduced her much-maligned signature law in the Alberta legislature Tuesday, one that grants her cabinet a new power to change laws without house approval.
The Alberta Sovereignty within a United Canada Act pledges to give Alberta the power to direct provincial agencies to act against federal laws it considers unconstitutional or harmful to Albertans, delivering on much of what Smith promised throughout the leadership campaign under the previously dubbed Alberta sovereignty act.
“This legislation is designed to be a constitutional shield to protect Albertans from unconstitutional federal laws and policies that harm our province’s economy or violate Alberta’s provincial rights,” Smith said as she introduced the bill.
The act, tabled as Bill 1, endeavours to shift the onus of constitutionality to the federal government, inviting Ottawa to challenge applications of the new law in court, rather than the province taking the federal government to court over laws it doesn’t agree with.
It also relies on the opinion of Alberta MLAs to characterize federal initiatives as unconstitutional, harmful to Albertans, or both. The bill doesn’t include a definition of “harmful” to Albertans.
Using those categories, a minister would propose a motion identifying a specific federal policy or piece of legislation and explaining how it runs contrary to the constitution or is detrimental to the province.
The legislative assembly would then debate and vote on that motion. If passed, the resolution would authorize cabinet to undertake a number of actions.
Related
Alberta Lt.-Gov. Salma Lakhani delivers Throne Speech focused on affordability, health-care reform, jobs, and fighting Ottawa
Alberta on track to hit $12.3 billion surplus as oil prices soften and spending ramps up
Those include giving directives to “provincial entities,” like a health authority, school board, police service, crown-controlled organization, publicly funded service provider, or provincial agency.
The act also gives cabinet the unusual power to change legislation with an order in council, typically a power reserved only for regulatory changes. It’s akin to the temporary emergency powers the UCP government gave cabinet to suspend legislation at the start of the COVID-19 pandemic.
‘I hope we never have to use this bill’: Smith
At a news conference following the introduction of the bill, Justice Minister Tyler Shandro emphasized that cabinet unilaterally amending laws would only happen “after an open and democratic debate and vote in the legislative assembly first.”
When asked how far cabinet could go beyond the resolutions, Shandro said it’s up to the assembly to hold cabinet to account.
Smith said the bill is intended to be democratic and transparent.
When asked by a reporter why it was necessary to give cabinet what is normally an emergency power, Smith said Alberta’s previous efforts to fight back against the federal government have failed, and the province needs the power to reset its relationship with Ottawa.
“Because we’ve been ignored,” said Smith, who added she’s hopeful the federal government is starting to recognize that natural resources fall under provincial jurisdiction.
“I hope we never have to use this bill. I hope that we’ve sent a message to Ottawa that we will vigorously defend our constitutional areas of jurisdiction and they should just butt out,” said Smith.
The legislation would not give the government the power to direct private citizens or businesses to violate federal law.
The bill also provides protection to provincial entities from civil liability when they are acting in good faith under a directive issued under the bill, government officials said.
The government, in its briefing materials, added it will “defend its provincial jurisdiction” while fully respecting Indigenous and treaty rights, Canada’s Constitution and the courts. It’s unclear if the government has done consultations yet on Indigenous rights; in recent weeks, chiefs from Alberta’s First Nation communities have spoken out against the bill.
The province also addressed the fear that the federal government may utilize the constitutional power of disallowance — one that hasn’t been used since the 1940s — to essentially veto the legislation.
“If the federal government were to use the disallowance power against the act, they would provoke an unprecedented constitutional crisis. While we do not know for certain, we believe this scenario is unlikely,” the government said.
Smith has told her ministers to prepare special resolutions under the proposed act for the spring legislative session to push back on federal Bill C-69, any potential mandatory fertilizer cuts and emissions reductions, firearm confiscation, or strings-attached funding in health care and education.
While those were examples given, it’s as yet unclear how that would happen. Notably, the RCMP — which polices much of rural and small-town Alberta — is not directly captured by the legislation, although Mounties could be subject to ministerial orders, government officials said.
‘It is certainly anti-democratic’: NDP
All present members of the Opposition NDP voted against the bill Tuesday, with deputy party leader Sarah Hoffman saying the act gave Smith’s government “dictatorial powers” to rewrite laws behind closed doors after passing a motion in the house.
“It is certainly anti-democratic. It is incredibly bad for the economy — we’ve already seen a chilling effect from even simply talking about the sovereignty act in the investor community,” said Hoffman.
An order made under the act would last for up to two years but could be extended for another two years.
There is no appeal mechanism set out in the bill. It could be challenged in court, but the legislation sets out a 30-day time limit for bringing a judicial review application, instead of the typical six months.
Smith’s original leadership campaign proposal was modelled off a proposal last year from the Free Alberta Strategy, and it was criticized throughout the UCP leadership race among many members of the UCP caucus, including most of Smith’s leadership rivals.
Critics, including former premier Jason Kenney, who dismissed it as “ cockamamie,” warned it would be illegal and would scare investors from the province.
Legal scholars have previously said the proposal would be unconstitutional , incompatible with the rule of law , and go against the separation of powers between different levels of government.
‘Provincial entities’ as defined in the act include:
– a provincial public agency,
– a provincial Crown-controlled organization,
– an entity that carries out a power, duty or function under a provincial enactment,
– an entity that receives a grant or other public funds from the provincial government that is contingent on the provision of a public service,
– a regional health authority,
– a public post-secondary institution,
– a school board,
– a municipality,
– a municipal or regional police service, and
– any other similar provincially regulated entity set out in the regulations.
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