Alberta’s United Conservative Party (UCP) leadership candidate Danielle Smith says her proposed Sovereignty Act would give Alberta the same powers that Quebec has within the Confederation.
And there are already precedents, she argues in the op-ed, including Quebec passing a motion that the Emergencies Act invoked by the feds in February to deal with the trucker convoy protests shouldn’t apply in Quebec; B.C. getting an exemption from federal law to decriminalize possession of small amounts of hard drugs; and Saskatchewan Premier Scott Moe saying his province won’t enforce Ottawa’s fertilizer reduction regulations.
Depending on who you ask, opinions differ on the feasibility of Smith’s proposed act, whether it should have gone further, and where it sits within the constitutional framework of the Confederation.
“We’re rolling the clock back and we’re going back to what the Constitution meant before it was undermined by a combination of the federal government and some court decisions that were quite clearly, I think, contrary to the interests of Albertans,” From said.
Saskatchewan Premier Moe began conversations about becoming a “nation within a nation” last November. He said he wants more autonomy in policing and taxation. He also envies Quebec’s deals with the federal government on immigration and child care.
In July, Moe asked Wexit advocate Allan Kerpan, a former Saskatchewan Party MLA and former MP, to co-host “in-house” meetings about increasing Saskatchewan autonomy.
Clarity Act
Michael Binnion, CEO of the oil and gas advocacy group Modern Miracle Network, said Quebec built institutions to manage themselves after following the process outlined in the Clarity Act, which says provinces that don’t want to follow federal laws should have a referendum on separation.The Clarity Act established the conditions under which the federal government would enter into negotiations that might lead to secession following such a vote by one of the provinces. Quebec has held two referendums on separation, in 1980 and 1995, but both were defeated.
“They put themselves in a position to govern themselves, and then they said, ‘We want to have autonomy and we’re going to follow the legal process’ which is to have a referendum,” Binnion said.
In contrast, the Sovereignty Act would create a law that states the province doesn’t have to follow federal law or court orders, he argued.
‘Public Relations’
University of Toronto political science professor emeritus Nelson Wiseman says Quebec accomplished a level of autonomy through its legislature but Alberta and Saskatchewan have talked and “done nothing.” The only thing the three provinces have in common is antagonism or skepticism toward the federal government, he said.“In other words, they all say they’re for stronger provincial powers, but they’re completely different in what they can do, the three of them, and what they have been able to do and what they have actually done,” he said in an interview.
Wiseman adds that the proposed act is just “public relations” because Smith knows the Alberta public is “anti-Trudeau, anti-Liberal, and anti-federal government.”
Constitution
Critics of the Sovereignty Act, including outgoing Alberta Premier Jason Kenney and Smith’s rivals in the leadership contest, have said the proposed act would go against the law.“The proposal is for Alberta basically to ignore and violate the Constitution in a way that is unprecedented in Canadian history,” Kenney said on his radio show in August. “The province should be focused on realistic, practical ways to fight unfair Ottawa policies.”
From says the Sovereignty Act maintains the rule of law. And while inspired by Quebec, the act differs from Quebec, which sought to unilaterally make changes to the Constitution, he said, pointing to Bill 96 as an example.
Introduced by Quebec Premier François Legault last year and passed into law in June 2022, Bill 96 sets out sweeping language law reform that includes adding two new subsections to Section 90 of the Constitution proclaiming Quebec a “nation” and to “affirm that the only official language of Quebec is French.”
Separation
Dennis Modry, president of the Alberta Prosperity Project, which advocates for Alberta independence, says the Sovereignty Act’s fatal flaw is a failure to leverage separation. Ottawa will fight back by withholding transfer payments, and the easiest way to achieve leverage is by holding a referendum on separation, he said.“What about giving the provincial government the leverage that they need to negotiate from a position of strength?” he said. “That leverage comes from a successful referendum on independence.”
Kenney has said that “the whole notion of separation is irrational” and that this position not only comes from his loyalty to Canada in his heart but also the fact that Alberta is landlocked.
Smith has said she’s not advocating for separation.
UCP members will elect a new leader and premier on Oct. 6.