In a press release Tuesday, Smith outlined how the legislation would work. A special proposal, approved in a free vote in the Alberta Legislature, would identify problematic legislation, explain the harm to Alberta and outline how the province and its agencies will not enforce the law. If Ottawa believed Alberta was acting unconstitutionally, it would be up to the federal government to file a constitutional challenge. Smith’s description of the act states that Alberta could choose to ignore the court if it ruled in favor of Ottawa.
“Banana Republic”
Premier Jason Kenney said Tuesday that such an act would turn Alberta into a “banana republic” that would scare off international investors like those he met in South Korea earlier this month. “The Alberta Sovereignty Act would be like kryptonite for them,” Kenney said during an unrelated news conference in Calgary. “They are interested in political stability, not political chaos. They are interested in a jurisdiction that respects the rule of law and the authority of the courts. “Not even one that thumbs its nose, like the banana republic, at these fundamental principles.” Smith’s press release said the ideas of the Alberta Sovereignty Act are constitutional and denounced the “woke” media and “so-called ‘experts’” who use “fear and misinformation” to discredit the act. By allowing Alberta to ignore federal laws it opposes, the act would represent concrete action against a “lawless” Ottawa that routinely harms Alberta’s interests, Smith said. Smith did not respond to CBC’s request for an interview.
Governments that are not above the law
Legal experts said allowing a provincial legislature to ignore a court ruling subverts the checks and balances set out in Canada’s democratic system, where the judiciary can provide citizens with a remedy if a government violates their rights or oversteps its authority. her.
Eric Adams, a law professor at the University of Alberta, said the idea of a provincial government declaring a law unconstitutional is not part of the Canadian system of government.
He said it’s also troubling that Smith’s act appears to give Alberta quasi-judicial powers to assess the constitutionality of another government’s law and recommend a solution, such as refusing to enforce it.
Think of the chaos that could ensue if Alberta refused to enforce a federal change to the Criminal Code it didn’t like, he said.
“What’s a police officer to do when you have a level of government saying ‘Don’t enforce this law’, the Parliament of Canada saying ‘This is the law’ and citizens throwing their hands in the air saying ‘I’m just not sure what system of law governs anymore,” Adams said.
Martin Olzinski, a law professor at the University of Calgary, also worries the act would allow the Alberta government to ignore the court’s authority.
Governments in Canada are not supposed to be above the law, he said.
“You can’t override the courts when you don’t like the outcome. That’s the difference between the rule of law and rule by individuals. And what I refer to in other cases, of course, is tyranny,” Olzynski said.
“When governments decide they are above the law, we no longer have democratic government.”
Smith said she would introduce the Alberta Sovereignty Act this fall if she wins the UCP leadership.
The party will announce the results of the leadership vote on October 6.
