Danielle Smith unveils sovereignty act in attempt to shield Alberta from federal laws

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Danielle Smith unveils sovereignty act in attempt to shield Alberta from federal laws
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The bill, formally known as the Alberta Sovereignty Within a United Canada Act, was a central promise of Ms. Smith’s successful United Conservative Party leadership campaign

, which focused on escalating the province’s fight with Ottawa on a range of issues from environmental protection to gun control. Legal scholars previously panned the idea as unconstitutional and it has been divisive even within the UCP, with former premier Jason Kenney and most of Ms. Smith’s leadership rivals condemning it during the campaign.

“The federal and provincial governments both have exclusive and sovereign areas of jurisdiction, and this government will no longer sit idly by as Ottawa infringes on our constitutional rights to develop our resources, develop our economy and deliver our social programs in the manner that Albertans see fit,” said the government’s Throne Speech, delivered Tuesday by Lieutenant-Governor Salma Lakhani on the opening day of the legislative session.Ms.

Prime Minister Justin Trudeau, prior to the release of the act on Tuesday, told reporters that he doesn’t see the proposed legislation as a priority for Albertans. “I’m going to stay focused on the things that matter,” he said, before listing affordability, job creation and addressing climate change. “That’s what Albertans are focused on.”

Ms. Smith has instructed provincial cabinet ministers to comb federal legislation for instances of policies they believe interfere with Alberta’s constitutional jurisdiction, infringe on Albertans’ Charter rights or are harmful to Albertans. Ms. Smith ordered ministers Tuesday to prepare special resolutions under the proposed sovereignty act for the spring session of the legislature.

While the legislation gives the province power to issue directives to entities such as municipalities and Crown corporations, there is nothing in the bill that addresses what happens if such a body, such as a city or school board, disregards the order. The directives, the government noted, must be within Alberta’s constitutional jurisdiction.

The government believes the proposed law can withstand a constitutional challenge, but noted “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.”

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