Alberta Premier Jason Kenney answers questions during a news conference in Victoria on July 12, 2022. He said Tuesday that his party was founded on a strong Alberta within Confederation and will not stand idly by while being “risky, dangerous , half-baked”, the “banana republic” plan for more provincial independence is being put forward by one of the candidates vying to replace him. THE CANADIAN PRESS/Chad Ippolito Premier Jason Kenney says his party was founded in a strong Alberta within Confederation and won’t stand idly by, while one of the candidates vying to replace him suggests a “dangerous, dangerous, half-baked” plan and “democracy of banana” for more. provincial independence. Kenney on Tuesday commented on Danielle Smith’s promise to immediately introduce what she calls an Alberta sovereignty act this fall, promising her government would ignore federal laws and court rulings she sees as being against Alberta’s best interests. “The so-called act of sovereignty would effectively bring us to the brink of secession from the Canadian federation, destroy the rule of law and cause catastrophic damage to jobs, the economy and the prospect of lawsuits,” Kenney said at a news conference. in Calgary. Kenney said while he shares some Albertans’ frustration with federal policies under Prime Minister Justin Trudeau, “I’ve always been unapologetically a Canadian patriot.” “I’m not going to be indifferent to my patriotism or my support for the rule of law because someone in a leadership campaign disagrees.” The Alberta Sovereignty Act is the signature platform promise of Smith, the former leader of the Wildrose Party. Smith announced the plan in June, garnering headlines and large crowds at party events. She has since come under attack from most of the other six candidates, leading to perceptions that she is the front-runner to replace Kenney as UCP leader and prime minister when the votes are counted on October 6. Ballots began being mailed last week. Smith said the bill is necessary to signal a shock to a “lawless” federal government that is passing policies she claims are deeply undermining Alberta’s energy development. Alberta announced last week that it expects to receive a record $28.4 billion in non-renewable energy revenue this fiscal year. Smith, in a statement earlier Tuesday, reiterated that her government would use the act of sovereignty sparingly, subject to a free vote in the House, in situations where she believes her constitutional rights have been violated. He said if the federal government doesn’t like it, it can take Alberta to court. The plan, he said, was not about leaving the Confederacy, but actually saving it. “Restoring and reasserting provincial rights across our country will protect all provinces from Ottawa’s destructive sprawl and is likely the only viable way for Canada to remain a unified nation,” he wrote. House Leader Jason Nixon and Kenney have questioned whether the act would even pass the House. Lt.-Gov. Salma Lakhani said last week that she is bound to refuse to sign into law any bill offside the Constitution. Smith has accused Kenney of breaking his promise to be impartial in the leadership race, but Kenney said he was simply defending his administration’s policies. Two law professors say Smith’s plan would be a fundamental betrayal of the rule of law — and an unnecessary one. Martin Olzinski, with the University of Calgary, said provinces now have the power to challenge the federal government through the courts and can seek immediate remedies and injunctions if necessary while cases move through the legal system. “We do not decide the constitutionality of laws by vote — popular or unpopular. That’s not how it works in a functioning democracy,” said Olszynski, of the University of Calgary. “This is essentially what Smith rejects. He rejects the idea that an independent court would make these decisions. “He wants to make those decisions.” Eric Adams, with the University of Alberta, said if the province wants to start ignoring the Constitution, then the issue becomes a separation or sovereignty-association issue and should be treated as such. “These are issues that need to be asked frankly, honestly and directly to the Alberta public,” Adams said. “The idea that one person who wins a leadership race takes control of a party and then puts a particular province on the road to some kind of quasi-independence is completely unprecedented in Canadian constitutional history. “In my view, (it is) profoundly undemocratic.”
