KENNEY'S FIRE WALL ALBERTA WET DREAM
Braid: Kenney backs Quebec's drive to be declared a nation
Don Braid, Calgary Herald 22/5/2021
Premier Jason Kenney says he admires Quebec’s attempt to declare itself a “nation” in Canada’s Constitution.
© Provided by Calgary Herald Premier Jason Kenney on April 29, 2021.
In fact, he feels Quebec is leading the way for Alberta to assert its own powers and identity.
“I’ve always said I think Alberta should emulate Quebec in the way that it has so effectively defended its interests,” the premier said in an interview Friday.
“I may not agree with Quebec on every point of policy, but they fight for their province using every legal tool at their disposal.
“Rather than fighting Quebec over the exercise of its powers, I look to Quebec with a degree of admiration,” Kenney said.
Quebec Premier Francois Legault caused a stir in recent days by asking Ottawa to constitutionally enshrine Quebec as a nation with French as its only official language.
Prime Minister Justin Trudeau agreed, saying Quebec was legitimately using Section 45 of the 1982 Constitution, which allows a province to amend the nation’s highest law in matters pertaining only to itself, as long as Ottawa agrees.
This means the amendment doesn’t require the usual approval from seven provinces with 50 per cent of the population.
Kenney said, “All I can say is, Justin Trudeau having acknowledged this means he’ll acknowledge it for Alberta, should we ever decide to make a unilateral amendment in an area under our jurisdiction.”
Kenney has no interest in declaring nationhood for Alberta. “That’s not the language I would use,” he said. “I wouldn’t call Alberta a nation.
“I am a federalist and so is Francois Legault — and a more powerful one because he used to be a separatist.
“A nationalist like Legault, who is committed to the federation, is the best guarantor politically of Quebec being in Canada,” Kenney said.
“He has crushed the (separatist) Parti Quebecois. It’s becoming almost marginal in Quebec politics because Francois Legault has eaten their lunch, and redirected that nationalist sentiment in a way that is comfortable being in Canada.”
That sounds like Kenney’s own political plan for Alberta. He hopes to marginalize separatist feelings with firm declarations and guarantees of Alberta’s rights, powers and unifying qualities.
And now, he thinks Trudeau’s agreement with Quebec has given him the way to do it dramatically, in the national Constitution.
“We are plotting out a longer term strategy to build a stronger, more resilient and more autonomous Alberta within the Constitution,” the premier said.
“One idea could be in the future the codification of an Alberta provincial constitution. Formalizing that might be a way of expressing some of the unique values that unite Albertans.
“Ours, or a future Alberta government, might use the precedent being created in Quebec right now for a unilateral amendment to the Constitution, using the Section 45 power, just as Quebec is doing with its Bill 96.”
In fact, he feels Quebec is leading the way for Alberta to assert its own powers and identity.
“I’ve always said I think Alberta should emulate Quebec in the way that it has so effectively defended its interests,” the premier said in an interview Friday.
“I may not agree with Quebec on every point of policy, but they fight for their province using every legal tool at their disposal.
“Rather than fighting Quebec over the exercise of its powers, I look to Quebec with a degree of admiration,” Kenney said.
Quebec Premier Francois Legault caused a stir in recent days by asking Ottawa to constitutionally enshrine Quebec as a nation with French as its only official language.
Prime Minister Justin Trudeau agreed, saying Quebec was legitimately using Section 45 of the 1982 Constitution, which allows a province to amend the nation’s highest law in matters pertaining only to itself, as long as Ottawa agrees.
This means the amendment doesn’t require the usual approval from seven provinces with 50 per cent of the population.
Kenney said, “All I can say is, Justin Trudeau having acknowledged this means he’ll acknowledge it for Alberta, should we ever decide to make a unilateral amendment in an area under our jurisdiction.”
Kenney has no interest in declaring nationhood for Alberta. “That’s not the language I would use,” he said. “I wouldn’t call Alberta a nation.
“I am a federalist and so is Francois Legault — and a more powerful one because he used to be a separatist.
“A nationalist like Legault, who is committed to the federation, is the best guarantor politically of Quebec being in Canada,” Kenney said.
“He has crushed the (separatist) Parti Quebecois. It’s becoming almost marginal in Quebec politics because Francois Legault has eaten their lunch, and redirected that nationalist sentiment in a way that is comfortable being in Canada.”
That sounds like Kenney’s own political plan for Alberta. He hopes to marginalize separatist feelings with firm declarations and guarantees of Alberta’s rights, powers and unifying qualities.
And now, he thinks Trudeau’s agreement with Quebec has given him the way to do it dramatically, in the national Constitution.
“We are plotting out a longer term strategy to build a stronger, more resilient and more autonomous Alberta within the Constitution,” the premier said.
“One idea could be in the future the codification of an Alberta provincial constitution. Formalizing that might be a way of expressing some of the unique values that unite Albertans.
“Ours, or a future Alberta government, might use the precedent being created in Quebec right now for a unilateral amendment to the Constitution, using the Section 45 power, just as Quebec is doing with its Bill 96.”
© Provided by Calgary Herald Quebec Premier François Legault and Prime Minister Justin Trudeau at an announcement in March.
But some experts see Quebec’s move as a change of status within Canada that clearly requires agreement from other provinces.
“This is, on principle, impermissible unilateralism on the part of one of the constituent units of Canadian federalism,” writes Prof. Emmett Macfarlane in Policy Options . “The courts are unlikely to permit it.”
Kenney completely disagrees. Quebec’s identity as a nation, he says, “is an historical and culture reality that reflects Quebec’s distinctive history and language that goes back 400 years.
“I don’t think it’s a contradiction to Quebec’s presence in a united Canada. Nor do I think it puts Quebec on a higher pedestal in terms of the federation. It just recognizes a historical cultural reality.”
Kenney also notes that he was part of the Harper government when it proposed and passed a motion recognizing that “Quebecers form a nation within a United Canada.”
Legault’s proposal refers to the province itself, not the Quebec people, and makes no mention of a united Canada.
Kenney is not concerned about the difference.
“This is not an effort of separatism,” he says. “They’re not proposing a referendum on separation, they’re not seeking secession.”
But they are, in Kenney’s view, providing a very useful precedent for Alberta.
Don Braid’s column appears regularly in the Herald
dbraid@postmedia.com
But some experts see Quebec’s move as a change of status within Canada that clearly requires agreement from other provinces.
“This is, on principle, impermissible unilateralism on the part of one of the constituent units of Canadian federalism,” writes Prof. Emmett Macfarlane in Policy Options . “The courts are unlikely to permit it.”
Kenney completely disagrees. Quebec’s identity as a nation, he says, “is an historical and culture reality that reflects Quebec’s distinctive history and language that goes back 400 years.
“I don’t think it’s a contradiction to Quebec’s presence in a united Canada. Nor do I think it puts Quebec on a higher pedestal in terms of the federation. It just recognizes a historical cultural reality.”
Kenney also notes that he was part of the Harper government when it proposed and passed a motion recognizing that “Quebecers form a nation within a United Canada.”
Legault’s proposal refers to the province itself, not the Quebec people, and makes no mention of a united Canada.
Kenney is not concerned about the difference.
“This is not an effort of separatism,” he says. “They’re not proposing a referendum on separation, they’re not seeking secession.”
But they are, in Kenney’s view, providing a very useful precedent for Alberta.
Don Braid’s column appears regularly in the Herald
dbraid@postmedia.com
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