Alberta premier says changes coming to sovereignty bill
The Alberta government is crafting changes to be debated next week to reverse the section of a bill that gives cabinet unfettered power to rewrite laws behind closed doors without legislature approval, the province's premier said Saturday.
Danielle Smith told her Corus radio talk show that her sovereignty bill was never supposed to give cabinet such sweeping authority, adding her government wants to make it clear in law that this is not the case.
“You never get things 100 per cent right all the time,” Smith told her radio listeners.
“I think there’s some confusion on that, so we’re working on some amendments to make it clear.”
The bill, introduced Tuesday by Smith as the signature legislation of her new administration, has faced widespread condemnation for granting her and her cabinet sweeping authority to redress any federal policy, law or program it deems harmful to Alberta.
Critics say such power exercised in secret without legislature oversight is a threat to the checks and balances that underpin a healthy democracy.
For days after Smith introduced the bill, she and her cabinet members rejected accusations, including from legal and constitutional scholars, that the bill granted unchecked power.
On Thursday afternoon in the legislature, Smith accused the Opposition NDP of fearmongering “that somehow this act gives power to cabinet to unilaterally alter legislation behind closed doors despite the fact that it does not.”
But Smith was admitting to problems by Friday afternoon, telling CBC News Network amendments may be needed. By Saturday morning, she acknowledged changes were on the way.
“There is some concern right now that (the bill) is written in a way that suggests that we (cabinet) would be able to unilaterally change statutes -- and we’re not able to do that,” she told her radio show.
"If there are any changes to statutes (under the bill), it does have to come back to the legislature, so we’re working on making sure that that gets clarified."
Smith said those matters would be debated and addressed next week, adding that she's taking what she described as a "fair-minded" approach.
“If we caused some confusion by some awkward wording, then let’s clean it up and then be able to talk about the bigger issues,” she said.
Political scientist Duane Bratt said it’s a positive step for the bill to be amended to remove the sweeping powers to cabinet.
But Bratt said the change is not a tweak, the bill has become a confusing mess, Smith did not seem to understand the legislation she was introducing, and the entire affair raises larger questions about Smith’s competence in the top job.
“How did this get in the bill in the first place?” said Bratt, who teaches at Calgary's Mount Royal University.
“Wouldn’t they have read it? Wouldn’t they have noticed this? This is damaging to have to backtrack. These are major reversals on her signature piece of legislation. (No matter) whoever wrote it, at the end of the day her name is attached to it. She’s the one who introduced the bill. She has to wear this.”
The bill, now in second reading, has also triggered concerns over the provision that grants cabinet the power to order provincially legislated or funded entities to reject federal laws if cabinet deems Ottawa is causing harm.
Those entities include municipalities, police forces, health regions, post-secondary institutions and school boards.
During a Friday interview on CBC News Network, Calgary Mayor Jyoti Gondek said the provision directing municipalities to rebuff federal laws is “a dangerous scenario” for municipalities that rely on both federal and provincial funding.
“If they direct us in a manner — let’s use an example — that says you can’t accept any federal funding directly, what does that do to our affordable housing strategy?” said Gondek.
“No matter how you slice this, it’s going to be really tough for municipalities to actually govern and serve their people.”
Gondek criticized Smith’s United Conservative Party caucus for not challenging the bill, particularly the four cabinet ministers who raised the alarm on Smith’s sovereignty bill in the leadership race that put Smith in the premier’s chair only to now support it.
“The weakness being demonstrated by MLAs right now who know this act is not good is going to cost us dearly if they don’t say, ‘We have to stop this,’” said Gondek.
Indigenous leaders have criticized the bill as heavy-handed trampling on treaty rights.
Business groups, including the Calgary Chamber of Commerce, warn the legal uncertainty surrounding the bill is not good for investment.
Gondek agreed.
“While we’re trying to strengthen our economy, this provincial government has made us look incredibly incompetent," she said. “I would say to any investors that are out there and anyone that’s listening out east, this provincial government is not reflective of who we are as municipalities.”
The idea for the sovereignty bill was first pitched by Smith in June.
She characterized it as a deliberately confrontational tool to reset the relationship with a federal government she accuses of interfering in constitutionally protected areas of provincial responsibility from energy development to health care.
Under the bill, cabinet would decide when Ottawa is interfering in Alberta's jurisdiction through a law, policy or program or through a looming federal initiative it believes may cause harm.
Cabinet would send a resolution to the legislative assembly spelling out the nature of the harm and the remedies to fix it.
If the legislature gives its approval by majority vote, that is where its involvement ends and cabinet takes over. Cabinet could use the bill's extraordinary powers to rewrite legislation and direct provincial entities to ignore federal laws based on what cabinet deems "necessary or advisable."
The bill gives cabinet wide latitude on how to interpret the resolution it receives from the assembly. It says cabinet "should" follow the direction of the house but doesn't mandate it.
Smith has been unclear on how she will use the bill, toggling in recent days between saying it is a last resort and saying she hopes to begin using it in the spring.
This report by The Canadian Press was first published Dec. 3, 2022.
CTVNews.ca Top Stories
Leonardo DiCaprio criticizes Ottawa over B.C. salmon farms
Salmon farms have long been a point of contention between environmentalists and fish farmers in British Columbia, but a much bigger net is now being cast on the topic.
Flight from Israel to New Jersey diverted to New York state due to high winds, turbulence
High winds and turbulence have forced a United Airlines flight from Israel to be diverted from its destination of Newark Airport in New Jersey to Stewart International Airport in New Windsor, N.Y..
Vancouver rapper falls on ice during Canucks game performance
The Vancouver Canucks weren’t the only ones who stumbled during Thursday night’s game against the Dallas Stars.
Snow-covered bodies of 2 men from Senegal found in New York woods near Canadian border
Two men from Senegal froze to death were found in the snow of a wooded area close to the Canadian border, New York state police said.
This historical tavern in Toronto is closing after nearly 200 years
An historic downtown Toronto bar is closing its doors next week after nearly 200 years in business.
For years she thought her son had died of an overdose. The police video changed all that
Austin Hunter Turner died in 2017, on a night that his mother has rewound and replayed again and again, trying to make sense of what happened.
Feeling older than you are? It could be how you sleep
Not getting enough sleep may cause you to feel five to 10 years older than you really are, according to two new studies.
Manhattan DA suggests Donald Trump violated gag order with post about daughter of hush-money trial judge
Manhattan prosecutors suggested Friday that Donald Trump violated a gag order in his hush-money criminal case this week by assailing the judge's daughter and making a false claim about her on social media.
Niagara Region 'proactively' declares state of emergency ahead of total solar eclipse
Niagara Region says it has declared a state of emergency 'out of an abundance of caution' as it prepares for an influx of visitors for next month’s total solar eclipse.