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Alberta Passes Sovereignty Act to Sidestep Canadian Federal Laws

Similarly, Barry Cooper, one of the act’s chief architects, lamented that while Canada is a federation, it doesn’t operate in that manner.

December 9, 2022

Author

Statecraft Staff
Alberta Passes Sovereignty Act to Sidestep Canadian Federal Laws 
Danielle Smith (centre) comments Todd Loewen (left) and Rajan Sawhney listen during the United Conservative Party of Alberta leadership candidate’s debate in Medicine Hat, Alberta.
IMAGE SOURCE: THE CANADIAN PRESS

Alberta on Wednesday passed the controversial Sovereignty Act, which could allow the Canadian province to ignore federal law on key matters such as energy policies.

The act empowers Premier Danielle Smith’s cabinet powers to change any federal law, policy, or programme her cabinet deems harmful to the province. It will also grant the leader power to direct municipalities, city police forces, health regions, and schools to refrain from implementing any federal laws.

Notably, prior to the vote, the bill’s most controversial provision, which would have allowed the state cabinet to rewrite its own laws and completely bypass the federal legislature, was taken out.

During the question period, Smith brushed off accusations that her cornerstone legislation was a “separatist Trojan Horse,” arguing that its intention was specified in its name.

“The name of the bill is Alberta Sovereignty Within a United Canada Act,” she said.

“[It] has nothing to do with leaving the country” and “everything to do with resetting the relationship (with the federal government),” she declared.

The bill was approved after midnight on Thursday. The vote was split along party lines; 27 of Smith’s United Conservative Party (UCP) voted for the bill, while 7 opposition members from the New Democratic Party (NDP) voted against it.

Speaking during its third reading, Smith argued that the bill aimed to reset the province’s relationship with Prime Minister (PM) Justin Trudeau’s federal government.

“It’s not like Ottawa is a national government,” she said.

“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.” she continued.

Similarly, Barry Cooper, one of the act’s chief architects, lamented that while Canada is a federation, it doesn’t operate in that manner.

“If Canada doesn’t want to do that, then the only alternative we have — in order to defend our interests — is to make sure that Canada does negotiate. And that means the threat of leaving,” he said.

While Trudeau initially said that his government would try to work as “constructively” as possible with Alberta, he changed his stance later that day, accusing the act of being a political tool for the premier to clash with Ottawa.

“I’m not interested in fighting with the Alberta government,” the PM said on Thursday during the Assembly of First Nations special assembly in Ottawa.

Trudeau added that his government is also “extremely concerned” about what the bill represents “in terms of challenges to treaty rights that are fundamental in Canada and need to be respected.”

Indigenous groups have demanded the bill be scrapped, as they were not consulted on the matter or how it would affect their rights.

However, Smith claimed that she had met with Indigenous leaders just hours before the vote to discuss any concerns and shared goals. She also rejected accusations that the bill disrespected treaty rights.

“There is no impact on treaty and First Nations’ rights. That’s the truth,” she insisted.

NDP deputy leader Sarah Hoffman, too, criticised the bill, arguing that “People don’t like it.”

“That’s why you're trying to ram it through here in the middle of the night,” she said.

Hoffman accused it of eroding democracy, harming the economy, and damaging Canada’s national and international reputation.

Similarly, NDP’s Rachel Notley, the leader of the opposition in the province, raised concern that the bill allows the legislature to decide what is and is not constitutional, instead of the courts.

While Notley conceded that there is “absolutely an argument for giving Alberta greater control over its economic destiny,” she said that the bill was “completely and entirely disconnected from that object.”

The opposition leader said that Smith had also failed to consult treaty chiefs before introducing the bill, which she warned would “absolutely torch the critically important nation-to-nation relationship that should exist between this premier and the leaders of the treaties.”

In addition, the Calgary Chamber of Commerce voiced concern that the controversial bill could “impede new investment … and create challenges for businesses to attract and retain talent.”

Even public opinion for the legislation appears weak. Poll results released by Leger last week showed that only 32% of Albertans believe that the act is a necessary measure to assert provincial rights.

The bill has also harmed Smith’s own popularity. A new survey conducted by the Angus Reid Institute found that Smith, who took control of the province in October, had one of the lowest approval ratings out of the nine premiers polled.

Oil-rich Alberta has long sought to protect the profitability of its oil sands against the federal government’s carbon taxes and other climate restrictions. New federal taxes levied in 2018, for example, will increase the cost of CO2 emissions from  $37 per tonne to $125 by 20230, a move the province unsuccessfully tried to overturn via the Supreme Court.

Author

Statecraft Staff

Editorial Team

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