Wednesday, November 30, 2022

Alberta government introduces sovereignty bill

Alberta Sovereignty within a United Canada Act | Alberta.ca:

Accessed Nov. 30, 2022 - "Bill 1 has been introduced to allow Alberta to fight harmful federal laws and defend the constitutional federal-provincial division of powers. Bill 1: Alberta Sovereignty within a United Canada Act would defend Alberta’s interests by giving us a legal framework to fight federal laws or policies that negatively impact the province.

"If passed, the act will be used to push back on federal legislation and policy that is unconstitutional or harmful to our province, our people and our economic prosperity. This may include overreach and interference in areas our government considers provincial jurisdiction such as firearms, energy, natural resources and COVID healthcare decisions.

"The act would give Alberta a legislative framework and democratic approach for defending the federal-provincial division of powers while respecting Canada's constitution and the courts....

What the act does

"If passed, the Alberta Sovereignty within a United Canada Act will only be used when Alberta’s legislative assembly debates and passes a motion that identifies a specific federal program or piece of legislation as unconstitutional or causing harm to Albertans.

"Government will ensure all constitutional and legal requirements are met before steps are taken to respond. Government will respect court decisions if a response is challenged successfully in court.

What the act doesn't do

If passed, the Alberta Sovereignty within a United Canada Act:

  • will not allow Alberta to defy Canada’s constitution
  • will not allow Alberta to separate from Canada
  • will not allow Cabinet to issue unconstitutional orders-in-council, including giving instructions that are outside of provincial jurisdiction to provincial entities 
  • will not allow Cabinet to give instructions to private individuals or corporations that aren’t provincial entities, to violate federal law

How the act will be used

"If the act is passed, a democratic process will be used.... Any minister introduces a motion for a resolution to use the act. The motion identifies a federal matter deemed unconstitutional or causing harm to Alberta, and proposes measures Cabinet should take in response.... MLAs debate the motion and then vote for or against it. If a majority of MLAs vote in favour of the motion, the resolution is passed.... 

"Cabinet reviews proposed next steps to make sure the proposed actions are constitutional and legal.... Cabinet may instruct provincial entities to take steps in response to the recommendations in the resolution. Entities might include provincial agencies.... Cabinet, working with the relevant minister, can amend any enactments, including legislation, orders or regulations."

Read more: https://www.alberta.ca/alberta-sovereignty-within-a-united-canada-act.aspx

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