Alberta’s government has introduced proposed legislation to fight federal laws or policies that negatively affect Alberta’s interests..If passed, the government will use the Alberta Sovereignty within a United Canada Act to stand up to federal government overreach and interference in areas of provincial jurisdiction, including in the areas of private property, natural resources, agriculture, firearms, regulation of the economy and delivery of heath, education and other social programs..“Albertans are proud Canadians, and we love our nation dearly," Premier Danielle Smith said.."The Canadian Constitution is clear — the federal and provincial governments are equals, each with our own areas of exclusive jurisdiction.".When Bill 1 received first reading, the NDP refused to allow unanimous consent. For most bills, they are given unanimous consent for first reading. However, some said no to Bill 1. A division was called and a recorded vote was held. It passed 55-22..The act will not compel any private citizen or business to violate federal law, nor does this legislation involve anything related to separation from Canada..In addition, Smith tasked her ministers with preparing a number of special resolutions under the proposed act for the spring legislative session to push back on several federal laws and policies that seek to:.Regulate and control Alberta’s natural resources and economic development (i.e., Bill C-69).Penalize the province’s energy and agricultural sectors, including implementation of mandatory fertilizer cuts and arbitrary emissions reductions that would devastate Alberta’s economy.Control the delivery of healthcare, education and other social programs with strings-attached funding.Confiscate legally owned firearms.Interfere with the private property or charter rights of Albertans.Violate other sovereign areas of exclusive provincial jurisdiction..If passed, the act will provide a legislative framework to protect Albertans from federal legislation or policies that are unconstitutional or harmful to the province, its people or its economic prosperity..The act will also enforce the Canadian constitution’s division of powers in recognition of both the federal and provincial government’s respective exclusive and sovereign areas of constitutional jurisdiction..It will also provide authority to the cabinet, when authorized by the Legislative Assembly under the act, to direct provincial entities to not enforce specific federal laws or policies with provincial resources..Alberta's government said the act will also create opportunities for building national awareness of federal intrusion into provincial areas of exclusive jurisdiction..The act will also shift the burden to the federal government to legally challenge Alberta’s refusal to enforce unconstitutional or harmful federal laws or policies instead of Alberta having to initiate legal challenges and waiting years for a decision while those same federal laws or policies harm Albertans day in and day out..How the act works.The Alberta Sovereignty within a United Canada Act functions as follows:.A member of the executive council (any minister, including the premier) would introduce a motion in the legislative assembly for a proposed use of the act. This motion would identify a federal initiative (i.e., policy or piece of legislation) as being, in the opinion of the legislative assembly, unconstitutional, contrary to the charter or otherwise harmful to Albertans, along with the nature of that harm..The motion would also propose specific measures for the cabinet to consider with respect to the federal initiative in question..“Alberta’s government will use the Alberta Sovereignty within a United Canada Act to push back on federal legislation and policy that is unconstitutional or harmful to our province, our people and our economic prosperity," Minister of Justice Tyler Shandro said.."It is time to draw a line in the sand, as Albertans rightfully expect the federal government to respect the federal-provincial division of powers.”.Alberta's government said if passed, the act will give Alberta a legislative framework to formally defend its provincial jurisdiction while fully respecting indigenous and treaty rights, Canada’s constitution and the courts..According to the technical briefing, a resolution under the act can be applied to take measures to push back on an abusive or improper use of an otherwise constitutional federal law..Resolutions under the act could include provincial measures to push back against abusive or improper uses of an otherwise constitutional federal laws, when those laws cause harm to Albertans..As a topical example, improper or abusive use of the federal Emergencies Act against the rights of Albertans could be dealt with by way of resolution under the act if needed..Is the Alberta Sovereignty within a United Canada Act Constitutional?.The Alberta Sovereignty within a United Canada Act will assert provincial jurisdiction already found in the constitution. As written, Alberta officials said it is likely to be found constitutional if challenged, however, 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..The Alberta Sovereignty within a United Canada Act states nothing in the act can be construed to authorize the provincial government to do anything that would be contrary to the Constitution of Canada..This means the act could not be used to issue directives to “provincial entities” if those instructions would be outside of Alberta’s constitutional jurisdiction. Alberta will continue to respect, not disregard, court rulings and if the Alberta government’s use of the act against any federal initiative is challenged in court, the decision of the court will be respected..“Provincial entities” as defined in the act, include:.a provincial public agencya provincial Crown-controlled organizationan entity that carries out a power, duty or function under a provincial enactmentan 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 authoritya public post-secondary institutiona school board as defineda municipality,a municipal or regional police serviceany other similar provincially regulated entity set out in the regulations.In the act there is no definition of "harmful" and it will be up to Alberta's government to determine if a decision by the federal government is damaging..Alberta government MLAs will have a free vote on any proposed uses of this act..How will the Act be different from the charter’s notwithstanding clause?.Alberta's government said the notwithstanding clause only applies to breaches of specific sections of the Charter, and not issues of jurisdiction while this act addresses both..Also, the notwithstanding clause is a tool a government can use to protect its own legislation from charter challenge, while this bill is a tool that will be used against federal legislation and policies..The act also specifically states nothing in the act can 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 confirms that “aboriginal peoples of Canada” includes “the Indian, Inuit and Métis peoples of Canada within the meaning of section 35 of the Constitution Act, 1982.”.Additionally, the premier committed to reaching out to the chiefs of Treaty 6, 7 and 8 to book in-person meetings for the purposes of direct discussions on this issue, and to ensure the chiefs of the government’s commitment to upholding the rights of indigenous peoples under the Canadian Constitution..The act will not be used to separate Alberta from Canada, the provincial government stated it's about making Alberta more prosperous while remaining within Canada.."The Alberta Sovereignty Within a United Canada Act will be used as a constitutional shield to protect Albertans from federal overreach that is costing Alberta’s economy billions of dollars each year in lost investment and is costing Alberta families untold jobs and opportunities," Smith said.
