(Edmonton) The Alberta government has introduced legislation that would give Premier Danielle Smith and her cabinet sweeping powers to rewrite provincial laws behind closed doors in a bid to push back against Ottawa.
The bill would also allow the cabinet to order “provincial entities” – organizations controlled by the Crown, municipalities, school boards, post-secondary schools, municipal police, regional health authorities and any social agency receiving funding provincial – not to use provincial resources to enforce federal rules deemed detrimental to Alberta’s interests.
“The Canadian Constitution clearly states that the federal and provincial governments are equal, each with its own areas of exclusive jurisdiction,” said Ms.me Smith in a statement Tuesday after his government introduced the Alberta Sovereignty in a United Canada Act.
” The [loi] will be used as a constitutional shield to protect Albertans from the excesses of the federal government that cost the Alberta economy billions of dollars each year in lost investment and cost Alberta families untold jobs and opportunity. »
In the bill, the United Conservative Party government promises to follow court rulings and the Constitution, but says it would be up to the federal government to sue the province to settle disputes rather than the other way around.
Mme Smith said if the bill passes, his government would use it this spring to fight the federal government on a host of issues, including energy development, agriculture, health care, education, guns, child care, property rights and social programs.
It was the cornerstone of his successful campaign to win the leadership of the United Conservative Party last month to succeed Jason Kenney as prime minister.
The bill has been criticized by Mr Kenney and even some of Mr Kenney’s leadership rivalsme Smith — four of whom now sit in his cabinet — as a recipe for legal uncertainty, investment flight and the first step toward separation.
The bill was introduced after Lieutenant Governor Salma Lakhani read aloud the Speech from the Throne in the House, kicking off a new legislative session.
In this speech outlining the government’s plans and priorities, Ms.me Lakhani said the four-week fall session will focus on helping Albertans with inflation, health care and fighting the federal government.
“Ottawa is not our master. Ottawa is our partner and it needs to start acting like one,” said Ms.me Lakhani to members and dignitaries of the Legislative Assembly.
The sovereignty bill sets the framework for initiating fights with the federal government.
Under the bill, cabinet ministers or Mme Smith would decide if the federal rules hurt Alberta. The bill does not provide a legal definition of what constitutes harm.
The cabinet would then draft a resolution setting out the nature of the damage and the steps to be taken to retaliate. The 87-member legislature would vote on the resolution and if it gets a majority, the resolution would pass and the cabinet would get to work implementing it.
The firm can implement the resolution using existing powers in the legislation or it can unilaterally amend provincial laws that it deems applicable. These laws are normally debated and passed by the Legislative Assembly.
The bill states that while the cabinet can then order any “provincial entity” not to enforce those federal laws or policies, it cannot do so with private individuals or companies.
Additionally, the bill cannot infringe on First Nations rights, a concern Alberta treaty leaders have raised.
Any resolution passed by the Assembly would expire after two years, unless the Legislature votes sooner to end it. However, the cabinet may extend orders and rules made under any resolution for up to two additional years.
The time limit for challenging the law in court through judicial review is reduced from six months to 30 days.
The Saskatchewan government last month introduced legislation to the same end, focused on strengthening provincial rights over natural resources.
Earlier Tuesday, Mme Smith was sworn in as the new member of the Brooks-Medicine Hat constituency, after winning a by-election for the seat earlier this month.
It was the first time she had returned to the floor of the legislative chamber since the spring of 2015. At that time, Mme Smith was with the Progressive Conservatives, having left the Wildrose political party with several colleagues months earlier.
She failed to win a Progressive Conservative nomination in 2015 and returned to journalism as a radio show host for six years.