According to a document obtained by La Presse | Ottawa worried by the autonomist moves of three provinces

(Ottawa) The separatist ambitions of three provinces – Quebec, Alberta and Saskatchewan – are causing growing concern in the offices of power in Ottawa.

In a note obtained by The Press under the Access to Information Actthe Privy Council Office — Prime Minister Justin Trudeau’s department — warns that these three provinces could weaken the federal government if they keep going.

These provinces have used various methods in recent months – either an amendment to change a clause in the Constitution that affects them, or a battle in court to challenge a federal policy – ​​in an effort to protect their autonomy against “so-called federal intrusions” in their areas of jurisdiction or to limit the “supposedly centralizing effects” of the Charter of Rights and Freedoms and the federal spending power.

The note was prepared for the Clerk of the Privy Council and Secretary to the Cabinet, Janice Charrette.

It also indicates that the Government of Quebec adopted, in May 2021, Bill 96 aimed at strengthening the French language in Quebec and that this law contains two clauses modifying section 90 of the Constitution Act of 1867 in order to enshrine the recognition that Quebecers form a nation and that the official language of Quebec is French.

We also note with concern the decision of the Legault government to invoke the derogation provision in order to protect Law 96 and Law 21 on the secularism of the State against any legal challenge that could empty them of their meaning.

Provinces that “demonstrate creativity”

In Alberta, the provincial government held a referendum in October 2021 proposing to remove from Constitution Act 1982 the principle of the federal equalization program. A majority of Alberta voters (61.7%) voted in favor of this proposal and the Legislative Assembly subsequently passed a resolution demanding such an amendment. But the low rate of participation in this exercise (approximately 39%) has slowed down the enthusiasm of the province.

In Saskatchewan, the provincial government passed a resolution to abolish section 24 of the Saskatchewan Act, which was annexed to the Canadian Constitution. This act confirmed a contract between the federal government and the Canadian Pacific that exempted the railway company “forever” from paying certain taxes. The House of Commons and the Senate passed a similar resolution and section 24 of the Saskatchewan Act was abolished last winter.

The Privy Council Office is concerned about the will of these three provinces to continue their crusade in favor of greater autonomy.

In Quebec, federal mandarins note that Prime Minister François Legault announced his intention during the election campaign last fall to obtain new powers over immigration.

In Alberta, Premier Danielle Smith quickly passed the Alberta Sovereignty Act which would give the province the power not to apply federal government laws and policies that are contrary to its interests.

In Saskatchewan, Premier Scott Moe unveiled a white paper in October promising to take the necessary steps “to protect and defend Saskatchewan’s economic autonomy and industries and jobs from federal intrusions.” unjustified”.

“Some provincial governments are showing creativity to obtain more autonomy,” says the note, several passages of which have been redacted.

Skills sharing

According to law professor at Laval University, Patrick Taillon, it is “normal” for the Privy Council Office to follow closely what is happening in these three provinces. “That he is worried about it, yes, that is also normal. But Ottawa is still in a strange position, because what it criticizes the three provinces for is playing to the limit of the rules, violating the spirit if not the letter of the division of powers. But if there is one area in which federal governments have stood out for several decades, it is this, and particularly the one that is in power at the moment, ”he analyzed.

The leader of the Bloc Québécois, Yves-François Blanchet, for his part affirmed that the Trudeau government and its political ally, the New Democratic Party, advocate an excessive centralization of powers which is widely rejected not only in Quebec, but also in the rest of the country.

Representing the riding of Grande Prairie–Mackenzie, in Alberta, Conservative MP Chris Warkentin believes that it is part of the Trudeau government’s DNA to interfere in areas of provincial jurisdiction. It should therefore come as no surprise that some of them seek at all costs to defend their powers. According to him, the list of provinces wishing to free themselves from Ottawa is undoubtedly longer.

“Justin Trudeau has spent his entire political career trying to seize new powers at the expense of the provinces and Canadians in general. It seems like it happens every time a Trudeau takes over the prime minister’s office,” Warkentin said.

With William Leclerc, The Press