Alberta Premier Proposes Collaboration With Quebec to ‘Enhance’ Provincial Autonomy

(L-R) Alberta Premier Danielle Smith and Quebec Premier François Legault Premier of Quebec. The Canadian Press/Spencer Colby; Jacques Boissinot

Alberta Premier Danielle Smith is proposing that her government and Quebec’s work together to find ways to “enhance” provincial autonomy within the federation, saying both provinces share an interest in “countering overreach by the federal government” in areas of provincial jurisdiction.

Smith wrote a letter to Quebec Premier François Legault on March 21, expressing Alberta’s “support in principle” for some recommendations from a Quebec-commissioned report on steps the province can take to increase its autonomy within the Canadian federation, among other objectives.

The document, titled “Report of the Advisory Committee on Quebec’s Constitutional Issues within the Canadian Federation,” was submitted last year and provides 42 recommendations.

In the March 21 letter, obtained by The Epoch Times, Smith said her province would support many of the measures suggested, and that both provinces could begin discussions with each other and later with other provinces, with a view toward “enhancing provincial autonomy.”

“It is evident that Alberta and Quebec have significant common interests with respect to countering overreach by the federal government into matters of exclusive provincial jurisdiction,” reads the latter.

“I see an opportunity before us, as the democratically elected leaders of Alberta and Quebec, to chart a path toward a new era in Canadian federalism.”

Legault said he will review Smith’s comments.

“Quebec always welcomes the fact that other Canadian provinces advocate for greater provincial autonomy within the federation,” he said in a media statement. “We remain open to discussions with our partners and other governments to strengthen the federal government’s respect for provincial jurisdictions.”

Smith’s Concerns

With an early federal election set for April 28, Smith last month provided a list of demands for the next prime minister, including the removal of certain policies in line with net-zero emissions objectives that impact the energy sector, to “avoid an unprecedented national unity crisis.” She argued that “Albertans will no longer tolerate the way we’ve been treated by the federal Liberals over the past 10 years.”

The province has long opposed various federal policies, including net-zero emissions measures it says hinder its oil and gas industry, and other contentious policies such as gun control.

The federal government has argued it has authority over matters of national concern, including climate change and public safety risks from what it calls “assault-style” firearms, some of which it has declared illegal.

On the environment portfolio, Ottawa has said climate measures to control emissions from the oil and gas sector, Alberta’s main industry, are necessary because that sector accounts for a third of Canada’s greenhouse gas emissions.

Smith has said she intends to form a panel to decide what her province should do if the next government doesn’t meet her government’s demands.

The premier was asked during a press conference on April 1 if the idea of the panel is associated with the Alberta independence movement.

Smith said she loves Canada but that the country needs to also look out for Alberta’s interest.

“I love Canada and I want Canada to work. I’ve been on Team Canada from the beginning. It’s part of the reason why I’ve been relentlessly going to the United States and trying to advocate for all of our industries, for all of Canada, in every venue I possibly can,” Smith said.

“But I’m also premier of Alberta, and quite frankly, at some point Canada has to start working for Alberta, and it’s not right now.”

A group of Albertans is sending a delegation to Washington this year to gauge U.S. support for the province’s independence. They are also pushing for a referendum later this year, citing Ottawa’s “anti-Alberta energy policies” as the main reason for the province’s independence.

Smith said she is aware of citizen-initiated referendums, describing them as one way Albertans can express their views, but said she “can’t foresee” a government-sponsored referendum. She said her mandate is to advocate for the province’s interests within the Confederation.

“I got a mandate to try to make Canada work,” she said. “I think my job as an Albertan, and as a Canadian, is to try to put on the table the issues that are causing grave tension in our federation and to solve them.”

Comments on Recommendations

One of the report’s recommendations to the Quebec government is to establish a framework law “on the defence and enhancement” of the province’s constitutional freedoms.

In her March 21 letter to Legault, Smith said Alberta has a similar framework called the “Alberta Sovereignty within a United Canada Act.” She offered to share information on how her province formulated the approach, and said she could work with him to implement similar legislation in Quebec.

Smith said Alberta would also work with Quebec on court challenges to the federal spending power and that their justice ministers could collaborate on the effort. “The federal government has established a pattern of deploying its fiscal resources to advance federal policy priorities in areas of exclusive provincial jurisdiction,” she wrote. “This practice must be constrained.”

Alberta would support a number of constitutional amendment resolutions the report proposes, Smith said. One of them would provide an opt-out mechanism for provinces from federal spending initiatives.

“Alberta would support a resolution for a constitutional amendment enabling any province to decline to participate in federal spending measures and be appropriately compensated when the measure concerns a matter of provincial jurisdiction,” Smith wrote.

She said her province would also support a constitutional amendment resolution to enshrine that provincial laws related to property and civil rights, which Smith notes are under provincial jurisdiction, have “priority” over federal laws.

She said Alberta would also support greater provincial involvement in appointing judges to provincial superior courts and courts of appeal, as well as the provincial lieutenant governor.

As well, the province would back efforts to require provincial support for Ottawa to “enter binding international treaties concerning matters of provincial jurisdiction.”

She also said provincial legislatures should have a greater role in issues of constitutional rights.

“Elected legislatures—not federally appointed judges—should have the final word on the scope of rights subject to a parliamentary sovereignty clause,” Smith wrote. The clause, also known as the notwithstanding clause, allows provincial parliaments to override certain parts of the charter through the passage of a law.

“This is an area where our two provinces may be able to coordinate an approach that demonstrates the serious deliberation that is undertaken when invoking a parliamentary sovereignty clause.”