UCP FASCISM
Alberta premier rejects suggestion she erred with bill giving her sweeping powers
Yesterday
EDMONTON — Alberta Premier Danielle Smith is rejecting suggestions she made a mistake when she introduced a bill that would give her cabinet sweeping powers to rewrite laws outside the legislative process.
Alberta premier rejects suggestion she erred with bill giving her sweeping powers© Provided by The Canadian Press
Smith says the changes being made to her sovereignty act reversing that authority simply reflect the normal process of honing and clarifying legislation.
“The sovereignty act wasn’t perfect in its wording. That’s why it’s being amended,” Smith told reporters Tuesday. “There are a couple of clarifications that we needed to make.
“I just look at this as part of the process. You introduce bills with three readings for a reason."
Smith has been widely criticized for introducing those unchecked powers in her sovereignty act as part of a broader plan to fight what she deems federal intrusion in areas of provincial responsibility.
After accusations last week that the bill gave her those powers, Smith reversed course on the weekend and said there would be amendments to fix it.
Her comments echoed those made by Justice Minister Tyler Shandro on Monday, when he told reporters: "I'm not going to characterize it as a mistake.”
Neither Smith nor Shandro have explained how the powers ended up in the bill if they were not supposed to be there.
Shandro pushed back Monday on reporters, who suggested he and the other members of Smiths United Conservative government didn’t understand that the bill contained the sweeping powers provision.
“Of course, the bill was understood,” said Shandro.
Asked if he was fine with the way the original bill was worded, Shandro, a lawyer, said he has given legal advice to cabinet "about what the options are, and what the advantages and disadvantages are for the various different decision points."
"I’m one member of (cabinet) who votes on it," he said. "I’m not going to speak specifically about one particular decision point and what my advice was on that. I think that would be breaching cabinet confidentiality."
The Opposition NDP says Smith either got caught trying to make an end-run power grab or is so incompetent she introduced an authoritarian bill without knowing she was doing it.
On Tuesday, NDP justice critic Irfan Sabir called on Smith during question period to waive cabinet confidentiality so Shandro could explain to Albertans what legal advice he delivered.
“This bill was a poorly drafted attempt at giving extreme power to the cabinet at the expense of the democratic rights of Albertans," Sabir said. "Albertans deserve to know how such a disaster was created."
Smith rejected Sabir’s assertion, saying she has been open about the legal process.
“The reason why we’re putting this legislation forward is to make sure that we are enforcing our rights under the Constitution," she said. "That is the beginning and the end of it."
The bill is in second reading. The next stage, committee of the whole, is when the bill is to be debated in greater detail, and that is when amendments are expected.
On Monday, UCP caucus members said they would forward two amendments.
The first change would clarify that any changes cabinet makes to laws under the sovereignty act can't be done in secret, but must instead come back to the house for the normal process of debate and approval.
The caucus also voted to propose an amendment to spell out when cabinet can take action.
Under the bill, cabinet has wide latitude to respond to whatever federal law policy or program it deems harmful to Alberta's interests.
With the amendment, harm would be defined as anything a majority of the legislature deems to be an unconstitutional federal intrusion in provincial areas of responsibility.
The bill has been criticized by political scientists and legal experts as constitutionally questionable and a threat to the checks and balances of democracy.
There is also concern that the legislature is usurping the role of the courts by deciding on its own under the bill what is constitutional and what is not.
Criticism is coming from all sides of the political spectrum.
Kory Teneycke, manager of the recent Progressive Conservative Party of Ontario election campaign, told CBC's "Power and Politics" program on Monday that the bill offends conservatism.
“I don’t see how you can fix this bill or why you would want to,” said Teneycke, who was also the director of communications for prime minister Stephen Harper.
“The UCP and Albertans are on the right track in saying the federal government has overreached on a number of issues around the resource sector, where they’re acting in an unconstitutional and heavy-handed way – but the solution to unconstitutionality is not more unconstitutionality,” he said.
“I think this is going to go down in history as one of the most ill-conceived pieces of policy and legislation. And frankly, as a conservative, it’s profoundly unconservative.”
Business groups, including the Calgary Chamber of Commerce, warn the legal uncertainty surrounding the bill is not good for investment.
Indigenous leaders have come out against it, saying it tramples on treaty rights.
Indigenous Relations Minister Rick Wilson told reporters he has spoken to leaders, has heard their concerns and has urged them to propose amendments if they wish.
“I said, ‘Put something together and I’ll be willing to take it forward on your behalf,’” Wilson said.
This report by The Canadian Press was first published Dec. 6, 2022.
Dean Bennett, The Canadian Press
Yesterday
EDMONTON — Alberta Premier Danielle Smith is rejecting suggestions she made a mistake when she introduced a bill that would give her cabinet sweeping powers to rewrite laws outside the legislative process.
Alberta premier rejects suggestion she erred with bill giving her sweeping powers© Provided by The Canadian Press
Smith says the changes being made to her sovereignty act reversing that authority simply reflect the normal process of honing and clarifying legislation.
“The sovereignty act wasn’t perfect in its wording. That’s why it’s being amended,” Smith told reporters Tuesday. “There are a couple of clarifications that we needed to make.
“I just look at this as part of the process. You introduce bills with three readings for a reason."
Smith has been widely criticized for introducing those unchecked powers in her sovereignty act as part of a broader plan to fight what she deems federal intrusion in areas of provincial responsibility.
After accusations last week that the bill gave her those powers, Smith reversed course on the weekend and said there would be amendments to fix it.
Her comments echoed those made by Justice Minister Tyler Shandro on Monday, when he told reporters: "I'm not going to characterize it as a mistake.”
Neither Smith nor Shandro have explained how the powers ended up in the bill if they were not supposed to be there.
Shandro pushed back Monday on reporters, who suggested he and the other members of Smiths United Conservative government didn’t understand that the bill contained the sweeping powers provision.
“Of course, the bill was understood,” said Shandro.
Asked if he was fine with the way the original bill was worded, Shandro, a lawyer, said he has given legal advice to cabinet "about what the options are, and what the advantages and disadvantages are for the various different decision points."
"I’m one member of (cabinet) who votes on it," he said. "I’m not going to speak specifically about one particular decision point and what my advice was on that. I think that would be breaching cabinet confidentiality."
The Opposition NDP says Smith either got caught trying to make an end-run power grab or is so incompetent she introduced an authoritarian bill without knowing she was doing it.
On Tuesday, NDP justice critic Irfan Sabir called on Smith during question period to waive cabinet confidentiality so Shandro could explain to Albertans what legal advice he delivered.
“This bill was a poorly drafted attempt at giving extreme power to the cabinet at the expense of the democratic rights of Albertans," Sabir said. "Albertans deserve to know how such a disaster was created."
Smith rejected Sabir’s assertion, saying she has been open about the legal process.
“The reason why we’re putting this legislation forward is to make sure that we are enforcing our rights under the Constitution," she said. "That is the beginning and the end of it."
The bill is in second reading. The next stage, committee of the whole, is when the bill is to be debated in greater detail, and that is when amendments are expected.
On Monday, UCP caucus members said they would forward two amendments.
The first change would clarify that any changes cabinet makes to laws under the sovereignty act can't be done in secret, but must instead come back to the house for the normal process of debate and approval.
The caucus also voted to propose an amendment to spell out when cabinet can take action.
Under the bill, cabinet has wide latitude to respond to whatever federal law policy or program it deems harmful to Alberta's interests.
With the amendment, harm would be defined as anything a majority of the legislature deems to be an unconstitutional federal intrusion in provincial areas of responsibility.
The bill has been criticized by political scientists and legal experts as constitutionally questionable and a threat to the checks and balances of democracy.
There is also concern that the legislature is usurping the role of the courts by deciding on its own under the bill what is constitutional and what is not.
Criticism is coming from all sides of the political spectrum.
Kory Teneycke, manager of the recent Progressive Conservative Party of Ontario election campaign, told CBC's "Power and Politics" program on Monday that the bill offends conservatism.
“I don’t see how you can fix this bill or why you would want to,” said Teneycke, who was also the director of communications for prime minister Stephen Harper.
“The UCP and Albertans are on the right track in saying the federal government has overreached on a number of issues around the resource sector, where they’re acting in an unconstitutional and heavy-handed way – but the solution to unconstitutionality is not more unconstitutionality,” he said.
“I think this is going to go down in history as one of the most ill-conceived pieces of policy and legislation. And frankly, as a conservative, it’s profoundly unconservative.”
Business groups, including the Calgary Chamber of Commerce, warn the legal uncertainty surrounding the bill is not good for investment.
Indigenous leaders have come out against it, saying it tramples on treaty rights.
Indigenous Relations Minister Rick Wilson told reporters he has spoken to leaders, has heard their concerns and has urged them to propose amendments if they wish.
“I said, ‘Put something together and I’ll be willing to take it forward on your behalf,’” Wilson said.
This report by The Canadian Press was first published Dec. 6, 2022.
Dean Bennett, The Canadian Press
Story by Brodie Thomas • Yesterday
City hall on Thursday, October 14, 2021.© Provided by Calgary Herald
A solicitor for the city of Calgary suggested the province’s proposed sovereignty act could create problems for the municipality, including forcing council to defy some laws against its will.
Deputy city solicitor Denise Jakal spoke about the legislation, touted by the governing UCP as a means of protecting provincial jurisdiction against federal overreach, in response to a question from Coun. Peter Demong during question period at Tuesday’s council meeting.
“I realize that they’re still in the process of amending the act, but I was hoping that you could describe what the proposed sovereignty act means for us as a municipality from a best-case scenario to a worst-case point of view,” said the Ward 14 councillor.
Jakal said the best-case scenario would be if the province didn’t use the act at all, since there remain many questions about its potential effects.
She said in the worst-case scenario, it could have a significant effect on the city.
“For example, if there was a suggestion of lack of constitutionality or potential harm to the province of Alberta, there could be directives that might interfere with arrangements we have with the federal government,” said Jakal.
“Another example might be we would be directed not to abide by certain laws that perhaps the municipality would be interested in abiding by.”
Related
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She said there is still a high level of speculation about what is coming.
“I just want to assure council that intergovernmental affairs and the law department are watching very, very closely with respect to any new developments on this particular file.”
A recent Leger poll showed only about one-third of provincial respondents felt the sovereignty act is necessary .
When asked about this at a news conference on Tuesday, Premier Danielle Smith said she thinks Albertans are keeping an open mind on the legislation.
“People want us to fight Ottawa when they interfere in our areas of jurisdiction,” said Smith. “We got a 62 per cent mandate to push back against Ottawa and their unfair levying of equalization, and so we need to put the tools in place to push Ottawa back into its own lane.”
Smith cited a Canadian Taxpayers Federation report that suggested once the carbon tax is fully implemented, Albertans will pay an extra 37 cents per litre at the pumps while Quebec drivers will pay only 23 cents per litre.
“It’s absurd to me that SUV drivers in Quebec are going to have cheaper gasoline and diesel prices than Alberta where we produce the product and refine it. These are the kinds of things the federal government does all the time and, in my view, I don’t think that’s constitutional,” said Smith. She said the sovereignty act will give the province the tools to challenge Ottawa.
“I think it’s an important part of the process because this is going to change the relationship with the rest of the country. We are putting up a shield and we are not going to allow the federal government to interfere in our areas of jurisdiction. They’ve got to follow the Constitution.”
brthomas@postmedia.com
Rahim Mohamed: Danielle Smith's Alberta Sovereignty Act pretty awkward for the RCMP
Opinion by Rahim Mohamed • Yesterday
After months of speculation, the Alberta Sovereignty Within a United Canada Act (Bill 1) was finally unveiled last week. For those expecting a bombshell, Bill 1 didn’t disappoint, sending shockwaves through the country.
Premier Danielle Smith looks into the gallery as the Fourth Session of the 30th Legislature opens on Nov. 29 at the Alberta Legislature in Edmonton. Smith's new Sovereignty Act could pose problems for the RCMP, writes Rahim Mohamed.© Provided by National Post
Reactions to the bill have run the gamut from outrage to bafflement . Legal experts are divided on the question of its constitutionality .
Much of the analysis so far has focused on the so-called King Henry VIII powers delegated to the members of Alberta’s cabinet under the act. The act in its current form empowers cabinet ministers to issue and amend regulations through orders in council, essentially allowing them to bypass the province’s legislature. (Smith announced over the weekend that she’ll rewrite parts of the bill to scale back the lawmaking powers it grants to cabinet members).
A less scrutinized, but potentially even more far-reaching dimension of the act involves its implications for the future of policing in the province.
At present, Alberta is home to a patchwork system of policing, where the RCMP — a federal agency under contract with the Alberta government — shares jurisdiction with a handful of municipal and regional police services. Policing in Alberta is community-based , with the provincial government, oversight bodies, and cities each playing a role in its administration.
Bill 1, which doesn’t mention the RCMP by name, designates both municipal and regional police services as “ provincial entities ” that must comply with cabinet edicts to not enforce federal laws and policies that run afoul of the Sovereignty Act. This language appears to place the Alberta government on a collision course with the Trudeau government over its controversial mandatory gun buyback program .
Alberta Justice Minister Tyler Shandro has already said that he will direct the province’s police agencies, including the RCMP, to not enforce the buyback program, which empowers RCMP officers to seize over 1,500 different models of prohibited firearms. Shandro has argued that he has the legal authority to do this under the Alberta-RCMP provincial police service agreement and has precedent to point to in British Columbia’s non-enforcement of some federal drug laws . The Alberta Sovereignty Act nevertheless changes the dynamic of this impasse.
For one thing, a public spat over the buyback program could be a “win-win” for both Premier Danielle Smith and Prime Minister Justin Trudeau.
For Smith, the dispute would play extraordinarily well in rural Alberta without hurting the UCP too much in urban areas, where handguns are the bigger threat to public safety . Further, it would give Smith an opportunity to use the Sovereignty Act without jeopardizing foreign investment (oil and gas investors who are anxious about gun crime in Alberta can always try their luck in Texas ).
Tasha Kheiriddin: Liberals using gun-ban overreach as a wedge against Conservatives
Alberta hasn't been 'ignored' Danielle Smith, quite the opposite
For Trudeau, taking a public stand against assault weapons (and Smith) would be a vote winner in the perennial electoral battleground of southern Ontario, especially with homicide rates trending upwards . It would also give him a chance to turn the page from the rather sordid affair in Nova Scotia .
But where would this leave the RCMP? It’s one thing for Canada’s federal police agency to abide by the terms of its contract with Alberta, and quite another to comply (or be seen to be complying) with a provincial edict to not enforce federal criminal legislation. (The creation and modification of criminal law is, of course, unambiguously a federal power under Canada’s Constitution).
The use of the Alberta Sovereignty Act to rebuff Trudeau’s gun buyback program would put the RCMP in a jurisdictional no-man’s land. This may be just what Smith wants.
Smith has already unveiled a plan to replace the RCMP with a provincial police force, but has had difficulty building public support for the initiative, which will cost Alberta taxpayers an additional $235 million per year (plus $366 million in startup costs). Using the Sovereignty Act to drive a wedge between the RCMP and Alberta’s other police agencies is one way for Smith to give the proposal for a provincial police force a shot in the arm.
None of this is to say that Smith is playing some sort of elaborate game of 4D chess with the RCMP — frankly, I’m not sure she even knows what she’s having for breakfast tomorrow morning. Smith, who as The Line’s Jen Gerson has pointed out is one of Canada’s luckiest politicians , has nevertheless been handed a yet another gift with Trudeau’s overreaching gun buyback program and could use it to kill two birds with one stone.
Premier Smith, the proverbial dog chasing a car, finally has her long-awaited Alberta Sovereignty Act. The question now is what to do with it? Weaponizing the act at the expense of the Trudeau gun buyback program would be a way for everybody to win.
Except, of course, the RCMP.
National Post
Rahim Mohamed is a master’s student at the University of Calgary’s School of Public Policy. His writing has appeared in The Line, The Hub, and CBC News Calgary.
Opinion by Rahim Mohamed • Yesterday
After months of speculation, the Alberta Sovereignty Within a United Canada Act (Bill 1) was finally unveiled last week. For those expecting a bombshell, Bill 1 didn’t disappoint, sending shockwaves through the country.
Premier Danielle Smith looks into the gallery as the Fourth Session of the 30th Legislature opens on Nov. 29 at the Alberta Legislature in Edmonton. Smith's new Sovereignty Act could pose problems for the RCMP, writes Rahim Mohamed.© Provided by National Post
Reactions to the bill have run the gamut from outrage to bafflement . Legal experts are divided on the question of its constitutionality .
Much of the analysis so far has focused on the so-called King Henry VIII powers delegated to the members of Alberta’s cabinet under the act. The act in its current form empowers cabinet ministers to issue and amend regulations through orders in council, essentially allowing them to bypass the province’s legislature. (Smith announced over the weekend that she’ll rewrite parts of the bill to scale back the lawmaking powers it grants to cabinet members).
A less scrutinized, but potentially even more far-reaching dimension of the act involves its implications for the future of policing in the province.
At present, Alberta is home to a patchwork system of policing, where the RCMP — a federal agency under contract with the Alberta government — shares jurisdiction with a handful of municipal and regional police services. Policing in Alberta is community-based , with the provincial government, oversight bodies, and cities each playing a role in its administration.
Bill 1, which doesn’t mention the RCMP by name, designates both municipal and regional police services as “ provincial entities ” that must comply with cabinet edicts to not enforce federal laws and policies that run afoul of the Sovereignty Act. This language appears to place the Alberta government on a collision course with the Trudeau government over its controversial mandatory gun buyback program .
Alberta Justice Minister Tyler Shandro has already said that he will direct the province’s police agencies, including the RCMP, to not enforce the buyback program, which empowers RCMP officers to seize over 1,500 different models of prohibited firearms. Shandro has argued that he has the legal authority to do this under the Alberta-RCMP provincial police service agreement and has precedent to point to in British Columbia’s non-enforcement of some federal drug laws . The Alberta Sovereignty Act nevertheless changes the dynamic of this impasse.
For one thing, a public spat over the buyback program could be a “win-win” for both Premier Danielle Smith and Prime Minister Justin Trudeau.
For Smith, the dispute would play extraordinarily well in rural Alberta without hurting the UCP too much in urban areas, where handguns are the bigger threat to public safety . Further, it would give Smith an opportunity to use the Sovereignty Act without jeopardizing foreign investment (oil and gas investors who are anxious about gun crime in Alberta can always try their luck in Texas ).
Tasha Kheiriddin: Liberals using gun-ban overreach as a wedge against Conservatives
Alberta hasn't been 'ignored' Danielle Smith, quite the opposite
For Trudeau, taking a public stand against assault weapons (and Smith) would be a vote winner in the perennial electoral battleground of southern Ontario, especially with homicide rates trending upwards . It would also give him a chance to turn the page from the rather sordid affair in Nova Scotia .
But where would this leave the RCMP? It’s one thing for Canada’s federal police agency to abide by the terms of its contract with Alberta, and quite another to comply (or be seen to be complying) with a provincial edict to not enforce federal criminal legislation. (The creation and modification of criminal law is, of course, unambiguously a federal power under Canada’s Constitution).
The use of the Alberta Sovereignty Act to rebuff Trudeau’s gun buyback program would put the RCMP in a jurisdictional no-man’s land. This may be just what Smith wants.
Smith has already unveiled a plan to replace the RCMP with a provincial police force, but has had difficulty building public support for the initiative, which will cost Alberta taxpayers an additional $235 million per year (plus $366 million in startup costs). Using the Sovereignty Act to drive a wedge between the RCMP and Alberta’s other police agencies is one way for Smith to give the proposal for a provincial police force a shot in the arm.
None of this is to say that Smith is playing some sort of elaborate game of 4D chess with the RCMP — frankly, I’m not sure she even knows what she’s having for breakfast tomorrow morning. Smith, who as The Line’s Jen Gerson has pointed out is one of Canada’s luckiest politicians , has nevertheless been handed a yet another gift with Trudeau’s overreaching gun buyback program and could use it to kill two birds with one stone.
Premier Smith, the proverbial dog chasing a car, finally has her long-awaited Alberta Sovereignty Act. The question now is what to do with it? Weaponizing the act at the expense of the Trudeau gun buyback program would be a way for everybody to win.
Except, of course, the RCMP.
National Post
Rahim Mohamed is a master’s student at the University of Calgary’s School of Public Policy. His writing has appeared in The Line, The Hub, and CBC News Calgary.
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