EDMONTON 鈥� Alberta鈥檚 NDP Opposition leader says Premier Danielle Smith's comments rejecting the legitimacy of the federal government betray her unspoken plan to lay the groundwork for eventual separation.
Rachel Notley cited Smith鈥檚 comments to the house just before members passed her sovereignty bill earlier Thursday, in which Smith rejected the federal government鈥檚 overarching authority.
鈥淚t'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.鈥�
Notley, speaking to reporters, said, 鈥淎t 12:30 last night when she thought nobody was listening, the veil was lifted and Danielle Smith鈥檚 interest in genuinely pursuing initial steps toward separation were revealed.
鈥�(They) demonstrate that her view is actually that which is aligned with these fringe separatist wannabes like folks who drafted the Free Alberta Strategy.
鈥淭hose comments are utterly chaos-inducing.鈥�
Free Alberta Strategy was a 2021 policy paper drafted in part by Smith鈥檚 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鈥檚 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.
鈥淭he name of the bill is Alberta Sovereignty Within a United Canada Act,鈥� said Smith.
鈥淭he (act) has nothing to do with leaving the country. It has everything to do with resetting the relationship (with the federal government).鈥�
Political scientist Jared Wesley said it appears constitutional chaos and baiting the federal government are the actual aims.
鈥淲hen you start to deny the legitimacy of the federal government, that is part of the worrying trend that ties all of this to the convoy movement and the separatists,鈥� said Wesley, with the University of Alberta.
鈥淎lbertans need to know those comments are inappropriate and misleading at best and sparking a national unity crisis at worst. Sooner or later, someone鈥檚 going to believe her.鈥�
Wesley added that there is a sentiment among a small group of people in Alberta, including the premier, who "are just tired of losing and don鈥檛 want to play the game anymore," he said.
鈥淭he sad thing is that that game is democracy and the rule book is the Constitution, and they鈥檙e just ignoring all of it now."
Political scientist Duane Bratt said Smith was not describing Canadian federalism.
鈥淪he is confusing the European Union with Canada,鈥� said Bratt, with Mount Royal University in Calgary. 鈥淐anada is not made up of sovereign provinces. We share sovereignty between orders of government.鈥�
Political scientist Lori William, also with Mount Royal University, said the comment 鈥渂etrays a profound lack of understanding of Canada, of federalism, of what powers belong to the federal and provincial governments.鈥�
During question period, Smith waved away Opposition demands that she refer the bill to Alberta鈥檚 Court of Appeal to determine if it is onside with the Constitution.
Smith told the house that Justice Minister Tyler Shandro, a lawyer, wrote the bill and that the government received independent advice from constitutional lawyers to ensure it was not offside.
鈥淭he constitutionality of this bill is not in question,鈥� Smith said.
The bill was introduced by Smith a week ago as centrepiece legislation to pursue a more confrontational approach with Prime Minister Justin Trudeau's government on a range of issues deemed to be overreach in provincial areas of responsibility.
It was a short, brutish ride for the bill.
Smith鈥檚 government, due to a public outcry, had to bring in an amendment just days after introducing the bill to reverse a provision that gave it ongoing emergency-type powers to unilaterally rewrite laws while bypassing the legislature.
Alberta鈥檚 First Nations chiefs have condemned the bill as trampling their treaty rights and Smith鈥檚 Indigenous relations minister has said more consultation should have been done.
Smith told the house she met with Indigenous leaders just hours earlier to discuss concerns and shared goals. She rejected the assertion the bill doesn鈥檛 respect treaty rights.
鈥淭here is no impact on treaty and First Nations鈥� rights. That鈥檚 the truth,鈥� she said.
Law professor Martin Olszynski said the bill remains problematic because it must be clear the courts have the final say on interpreting the Constitution in order to stabilize the checks and balances of a democratic system.
He said Smith鈥檚 bill threatens that, perhaps putting judges in the awkward position of having to decide whether they are the ones to make those decisions.
鈥淐an that judge exercise their judicial function without being affected by that very politicized context?鈥� said Olszynski, with the University of Calgary.
鈥淚t essentially politicizes the judicial process.鈥�
This report by The Canadian Press was first published Dec. 8, 2022.
Dean Bennett, The Canadian Press
