Saskatchewan intends to be recognized as a “nation within a nation” much like Quebec, with the Saskatchewan First Act introduced by the government on Nov. 1.
The act will ensure Saskatchewan’s autonomy and exclusive jurisdiction over its natural resources, the government said.
Saskatchewan Premier Scott Moe told reporters that he is supportive of legislation like the Alberta Sovereignty Within a United Canada Act, and the idea that provinces should control their own constitutional and jurisdictional powers.
Its neighbour next door, meanwhile, intends its legislation, introduced Nov. 29, to be a “constitutional shield to protect Albertans from unconstitutional federal laws and policies that harm our province’s economy, or violate Alberta’s provincial rights.”
Moe said both the Alberta and Saskatchewan bills must have “rightful scrutiny.”
Saskatchewan: Natural Resources
The two provinces’ bills have a number of differences. In a throne speech delivered Oct. 26, Saskatchewan Lt. Gov. Russ Mirasty said the Saskatchewan First Act was necessary because “time and again, Ottawa has done an end run” around the province’s constitutional jurisdiction over natural resources, using environmental regulations.Mirasty said that earlier this year, Alberta Chief Justice Catherine Fraser said in a ruling against the federal government: “Through this legislative scheme, Parliament has taken a wrecking ball to the constitutional rights of the citizens of Alberta and Saskatchewan and other provinces to have their natural resources developed for their benefit.”
Mirasty said it was time to draw the line, noting the government would write into law areas under the Constitution that are already granted as provincial jurisdiction, including property and civil rights; exploration, development conservation, and management of all nonrenewable resources and forestry resources; and exclusive jurisdiction over all matters of a local nature.
He said the Saskatchewan First Act is similar to how Quebec recently unilaterally amended the Constitution to declare that Quebec is a nation with an official language of French. Saskatchewan intends to sign an accord to have autonomy and flexibility over immigration, as Quebec has historically had.
The Saskatchewan government also said it would introduce legislation so the province can collect its own corporate tax, as is the case in Quebec and Alberta.
Alberta Goes Further
The Alberta bill goes further and uses the province’s power granted under the Constitution to take action against laws considered harmful or unconstitutional for Albertans.Premier Danielle Smith has told ministers to prepare resolutions by the spring legislature sitting to assert Albertans’ rights in several areas that the province considers within its jurisdiction, including firearms, energy, private property, agriculture, regulation of the economy, delivery of health, education and other social programs, natural resources, and COVID health-care decisions.
The government has stated the act would only be triggered when Alberta’s legislative assembly debates and passes a motion that identifies a specific federal program or piece that is of issue. Any resolution would be debated in the legislature, and specify recommended actions to be taken. Both would be considered.
In a dispute, the matter would be subject to both judicial review as well as review by the legislative assembly itself, according to the government.
Both Alberta and Saskatchewan indigenous chiefs have expressed concerns about their provinces’ respective sovereignty acts, hoping to ensure treaty rights and contracts between the Crown and First Nations people are respected.
