Notley argues Sovereignty Act unconstitutional despite amendments
By Lethbridge Herald on December 8, 2022.
Alberta Premier Danielle Smith speaks at a press conference after the speech from the throne in Edmonton, Tuesday, Nov. 29, 2022. Constitutional law experts say it's unlikely Ottawa will rush to fight Alberta over a proposed sovereignty bill that would give the provincial government new powers to resist what it considers federal intrusion. THE CANADIAN PRESS/Jason Franson
JASON FRANSONAl Beeber – LETHBRIDGE HERALD & Dean Bennett – THE CANADIAN PRESS
Alberta Opposition leader Rachel Notley is calling on premier Danielle Smith to have the provincial Court of Appeal examine the legality of the Sovereignty Act before it’s passed into law.
Notley, the leader of the provincial NDP, said in a Zoom meeting Thursday that cabinet has the authority to ask the court to make a ruling and wants one immediately.
Early Thursday morning, the UCP government amended Bill 1 by removing a provision that gave cabinet authority to bypass the legislature and rewrite bills.
Notley says the Premier ’s comments rejecting the legitimacy of the federal government betray her unspoken plan to lay the groundwork for eventual separation.
Notley cited Smith’s comments to the house just before members passed her sovereignty bill in the early morning hours Thursday, in which Smith rejected the federal government’s overarching authority.
“It’s not like Ottawa is a national government,’’ Smith told the house at 12:30 a.m. Thursday.
“The way our country works is that we are a federation of sovereign, independent jurisdictions. They are one of those signatories to the Constitution and the rest of us, as signatories to the Constitution, have a right to exercise our sovereign powers in our own areas of jurisdiction.”
Notley, speaking to reporters, said, “At 12:30 last night when she thought nobody was listening, the veil was lifted and Danielle Smith’s interest in genuinely pursuing initial steps toward separation were revealed.
“(They) demonstrate that her view is actually that which is aligned with these fringe separatist wannabes like folks who drafted the Free Alberta Strategy.
“Those comments are utterly chaos-inducing.”
Free Alberta Strategy was a 2021 policy paper drafted in part by Smith’s current top adviser Rob Anderson.
The authors of the paper argue that federal laws, policies and overreach are mortally wounding Alberta’s development.
They urge a two-track strategy to assert greater autonomy for Alberta within Confederation, while simultaneously laying the policy and administrative groundwork to transition Alberta to separation and sovereignty should negotiations fail.
The strategy was the genesis for Smith’s controversial sovereignty bill that stipulates the Alberta legislature, rather than the courts, can pass judgment on what is constitutional when it comes to provincial jurisdiction.
The bill also grants cabinet the power to direct municipalities, city police forces, health regions and schools to resist implementing federal laws.
During question period, Smith rejected accusations the bill is a separatist Trojan Horse, noting its intent is contained in the title.
“The name of the bill is Alberta Sovereignty Within a United Canada Act,” said Smith.
“The (act) has nothing to do with leaving the country. It has everything to do with resetting the relationship (with the federal government).”
Notley said what matters to Albertans are jobs and a real plan “to end the chaos in public health care and long-term sustainable action to address an affordability crisis not seen in more than two generations.”
The NDP leader told media that while most Albertans were asleep, Smith and the UCP “imposed their job-killing sovereignty act on Albertans. They did this the very same day that chiefs from Treaty 6, 7 and 8 all called for the bill to be abandoned.”
She said two First Nations wrote to the premier calling for the bill to be scrapped and the Indigenous Relations Minister “openly admitted the Crown had failed in its legal duty to consult with First Nations.”
She said amendments won’t fix the bill.
“Many constitutional scholars in Alberta have reviewed the amendments and found that the bill remains likely unconstitutional. The act still attempts to give Smith and her cabinet the power to decide what the Constitution says. This function has always been reserved for the courts,” added Notley.
She said even worse the act will leave people and businesses subject to two different sets of rules at the same time.
Notley added consultations with First Nations are a legal duty when the government brings in legislation “with wide-ranging consequences for treaty rights holders in Alberta.”
She said the act is the UCP trying to “over-write and ignore the Canadian Constitution” which will create chaos.
She said investors will be subject to the whims of a premier with “extremist views and dishonesty.”
“We cannot afford to let Smith’s job-killing sovereignty act inject chaos into our province because it will hurt our economy,” Notley added.
“I believe this act will fail in the courts,” Notley said.
“Let’s move immediately to settle this huge amount of chaos and uncertainty. I’m deeply concerned about the impact of the sovereignty act on the Alberta economy over the next six months. There are billions of dollars worth of investment decisions for major industrial projects in Alberta that are pending right now. These are projects that could create good-paying jobs for decades to come if they proceed and we cannot afford to put them in jeopardy,” said Notley.
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https://www.alberta.ca/assets/documents/alberta-sovereignty-within-a-united-canada-act-info-sheet.pdf
Here is what the opposition and anyone else they can drag to edge of the cliff are ranting about. See where their interests lie.
Al, you could have stopped the by-line here after the first two words ” Notley argues….”
Although there seems to be a range of legal opinions as to whether this act is adhering to constitutional law , the majority of opinion that I have observed seems to conclude that it does. The level of NDP hysteria on this subject has reached epic proportions ,, with accusations of separatism, economic collapse, etc, etc. There is almost a sinister hatred of the fact that they are not currently in power and thus cannot impose their will to control everything. A little rationality is much preferred.