Wednesday, November 30, 2022

Danielle Smith ventures into sovereigntist fantasy land

If you thought that Jason Kenney was a monster and a loose cannon, get used to Alberta's new Premier, Danielle Smith. She got herself elected (barely) as United Conservative Party leader on promises of defending Alberta's interests against what she perceives as a meddling and coercive federal government in Ottawa. And now she is following through with some coercion of her own.

Smith has introduced the fancifully-named and oxymoronic Alberta Sovereignty Within A United  Canada Act, presumably with a straight face. Bill 1 is not really about sovereignty at all, but the act purports to allow the province to disregard any federal laws or policies that the Alberta government deems to be unconstitutional or "harmful" to the province ("harmful" being left undefined). It would also allow the provincial government to direct provincial entities like municipal and regional police forces not to enforce specific federal laws or policies. It would give the provincial cabinet powers similar to those in emergency situations, such as the ability to amend legislation by order in council rather than going through the assembly, but without the emergency.

Mr. Kenney and all the other leadership candidates all panned this idea as unworkable and a gross overreach (although they seem less opposed now they several of them have been granted cabinet positions). The NDP opposition are calling it "dictatorial, unconstitutional and undemocratic, and are voting against it to a person. Indigenous leaders have unanimously expressed their opposition to the act. The federal government has chosen not to comment, probably content to watch Ms. Smith slowly destroy herself (there will be a provincial election next April).

The bill seems unlikely to stand up to legal scrutiny, and parts of it certainly seem to be unconstitutional. Although the act feels the need to explain that "Nothing in this Act is to be construed as ... authorizing any order that would be contrary to the Constitution of Canada", the rest of the text goes on to do exactly that; indeed, that is the whole point of it. Smith insists that "we need the power to reset the relationship with Ottawa", which in her opinion requires setting provincial authority above federal authority. She also says, "I hope we never have to use this bill". Yeah, right.

At the time the bill was announced, Jason Kenney also announced that he was standing down and leaving politics for good. You can kind of see why.

No comments: