From the prospective of the self-absorbed United States, it's often hard to realize that anything else is going on elsewhere, let alone that something much like what has been occurring in the US in recent years has been.
But in Canada, it has.
We got a glimpse of populist discontent in our northern neighbor this year with the Canadian truckers protest. Since then, the government of Justin Trudeau has further restricted firearms access in Canada, where it was already severely restricted.
None of this sits well in some of rural Canada and the Canadian West. Now Alberta, the province most like to react to such things, has reacted and passed a sovereignty bill.
It reads:
BILL 1
2022
ALBERTA SOVEREIGNTY WITHIN A UNITED CANADA ACT
(Assented to , 2022)
Table of Contents
1 Definitions
2 Interpretation
3 Resolutions
4 Powers of the Lieutenant Governor in Council
5 Authority and orders cease
6 Effect of directives
7 Crown is bound
8 No cause of action
9 Judicial review
10 Regulations
Preamble
WHEREAS Albertans possess a unique culture and shared identity within Canada;
WHEREAS it is the role of the Legislative Assembly of Alberta and the Government of Alberta to preserve and promote this unique culture and shared identity;
WHEREAS the Constitution Act, 1867, the Constitution Act, 1930 and the Constitution Act, 1982 are foundational documents that establish the rights and freedoms of Albertans and the relationship between the provincial and federal orders of government, including the division of legislative powers between them;
WHEREAS the Province of Alberta is granted rights and powers under the Constitution Act, 1867, the Constitution Act, 1930 and the Constitution Act, 1982 and is not subordinate to the Government of Canada;
WHEREAS actions taken by the Parliament of Canada and the Government of Canada have infringed on these sovereign provincial rights and powers with increasing frequency and have unfairly prejudiced Albertans;
WHEREAS actions taken by the Parliament of Canada and the Government of Canada have infringed on the rights and freedoms of Albertans enshrined in the Canadian Charter of Rights and Freedoms in an unjustified and unconstitutional manner;
WHEREAS the people of Alberta expect the Parliament of Canada and the Government of Canada to respect the Constitution Act, 1867, the Constitution Act, 1930 and the Constitution Act, 1982 as the governing documents of the relationship between Canada and
Alberta and to abide by the division of powers and other provisions set out in those documents;
WHEREAS the people of Alberta expect the Parliament of Canada and the Government of Canada to respect the rights and freedoms of Albertans enshrined in the Canadian Charter of Rights and Freedoms; and
WHEREAS it is necessary and appropriate for the Legislative Assembly of Alberta to set out measures that the Lieutenant Governor in Council should consider taking in respect of actions of the Parliament of Canada and the Government of Canada that are unconstitutional or harmful to Albertans and for Members of the Legislative Assembly of Alberta to have a free vote on such measures according to their individual judgment;
THEREFORE HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:
Definitions
1 In this Act,
(a) “aboriginal peoples of Canada” includes the Indian, Inuit and Métis peoples of Canada within the meaning of section 35 of the Constitution Act, 1982;
(b) “Constitution of Canada” includes
(i) the Canada Act, 1982, including the Constitution Act, 1982,
(ii) the Acts and orders referred to in the Schedule to the Constitution Act, 1982, and
(iii) any amendment to any Act or order referred to in subclause (i) or (ii);
(c) “federal initiative” means a federal law, program, policy, agreement or action, or a proposed or anticipated federal law, program, policy, agreement or action;
(d) “person” includes a corporation and the heirs, executors, administrators or other legal representatives of a person;
(e) “provincial entity” means
(i) a public agency as defined in the Alberta Public Agencies Governance Act,
(ii) a Crown-controlled organization as defined in the Financial Administration Act,
(iii) an entity that carries out a power, duty or function under an enactment,
(iv) an entity that receives a grant or other public funds from the Government that are contingent on the
provision of a public service,
(v) a regional health authority established under the Regional Health Authorities Act,
(vi) a public post-secondary institution as defined in the Post-secondary Learning Act,
(vii) a board as defined in the Education Act,
(viii) a municipal authority as defined in the Municipal Government Act,
(ix) a municipal police service as defined in the Police Act,
(x) a regional police service as defined in the Police Act, and
(xi) any other similar provincially regulated entity prescribed by the regulations.
Interpretation
2 Nothing in this Act is to be construed as
(a) authorizing any order that would be contrary to the Constitution of Canada,
(b) authorizing any directive to a person, other than a provincial entity, that would compel the person to act contrary to or otherwise in violation of any federal law, or
(c) abrogating or derogating from any existing aboriginal and treaty rights of the aboriginal peoples of Canada that are recognized and affirmed by section 35 of the Constitution Act, 1982.
Resolutions
3 If, on a motion of a member of Executive Council, the Legislative Assembly approves a resolution that
(a) states that the resolution is made in accordance with this Act,
(b) states that, in the opinion of the Legislative Assembly, a federal initiative
(i) is unconstitutional on the basis that it
(A) intrudes into an area of provincial legislative jurisdiction under the Constitution of Canada, or
(B) violates the rights and freedoms of one or more Albertans under the Canadian Charter of Rights
and Freedoms,
or
(ii) causes or is anticipated to cause harm to Albertans,
(c) sets out the nature of the harm, if the resolution states that, in the opinion of the Legislative Assembly, a federal initiative causes or is anticipated to cause harm to Albertans, and
(d) identifies a measure or measures that the Lieutenant Governor in Council should consider taking in respect of the federal initiative, the Lieutenant Governor in Council may take the actions described in section 4.
Powers of the Lieutenant Governor in Council
4(1) If the Legislative Assembly approves a resolution described in section 3, the Lieutenant Governor in Council, to the extent that it is necessary or advisable in order to carry out a measure that is identified in the resolution, may, by order,
(a) if the Lieutenant Governor in Council is satisfied that doing so is in the public interest, direct a Minister responsible for an enactment as designated under section 16 of the Government Organization Act to, by order,
(i) suspend or modify the application or operation of all or part of an enactment, subject to the terms and conditions that the Lieutenant Governor in Councilmay prescribe, or
(ii) specify or set out provisions that apply in addition to,or instead of, any provision of an enactment,subject to the approval of the Lieutenant Governor in Council,
(b) direct a Minister to exercise a power, duty or function of the Minister, including by making a regulation under an enactment for which the Minister is responsible, or
(c) issue directives to a provincial entity and its members, officers and agents, and the Crown and its Ministers and agents, in respect of the federal initiative.
(2) A directive issued in accordance with subsection (1)(c) may be general or particular in its application.
(3) Where there is a conflict or inconsistency between
(a) an order made or an order that is directed to be made under subsection (1), and
(b) a provision of an enactment to which the order relates, the order prevails to the extent of the conflict or inconsistency.
(4) Nothing in this Act abrogates any authority or power vested in the Legislative Assembly or Lieutenant Governor in Council by any other enactment or by operation of law, including any authority or power of the Lieutenant Governor in Council to take action with respect to the federal initiative.
Authority and orders cease
5(1) Subject to subsection (2), the Lieutenant Governor in Council ceases to have an authority to make an order under section 4(1), and any order issued by the Lieutenant Governor in Council or a Minister under section 4(1) expires and ceases to have any force or effect, on the earliest of
(a) the date on which the Legislative Assembly rescinds the resolution referred to in section 4(1), or
(b) 2 years after the date on which the resolution referred to in section 4(1) was approved by the Legislative Assembly.
(2) The Lieutenant Governor in Council may extend an order issued under section 4(1) for an additional 2 years from the date on which the original order was set to expire.
(3) An extension of an order by the Lieutenant Governor in Council under subsection (2) may be made only once.
Effect of directives
6(1) A provincial entity and its members, officers and agents, and the Crown and its Ministers and agents, must comply with any directive issued by the Lieutenant Governor in Council under this Act.
(2) A directive issued under this Act must be published in The Alberta Gazette within 30 days from the date the order is made by the Lieutenant Governor in Council under section 4(1).
(3) The Regulations Act does not apply to a directive issued under this Act.
Crown is bound
7 This Act is binding on the Crown.
No cause of action
8 No cause of action lies against and no action or proceeding may be commenced against
(a) the Crown or its Ministers, agents, appointees or employees, or against the Legislative Assembly, the Speaker of the Legislative Assembly, an office of the Legislature, or any agents, appointees or employees of the Legislative Assembly or an office of the Legislature, in respect of any act or thing done or omitted to be done under or in relation to this Act or a resolution or order under this Act, including, without limitation, any failure to do something when that person has discretionary authority to do something but does not do it, or
(b) any other person or entity in respect of any act or thing done or omitted to be done in good faith under a directive issued under this Act, including, without limitation, anyfailure to do something when that person has discretionary authority to do something but does not do it.
Judicial review
9(1) An originating application for judicial review in relation to a decision or act of a person or body under this Act must be filed and served within 30 days after the date of the decision or act.
(2) In an application for judicial review to set aside a decision or act of a person or body under this Act, the standard of review to be applied by the court is that of patent unreasonableness.
(3) Nothing in this section is to be construed as making a decision or act of the Legislative Assembly subject to judicial review.
Regulations
10 The Lieutenant Governor in Council may make regulations
(a) prescribing provincial entities for the purposes of section 1(e);
(b) defining any term or phrase used but not defined in this Act.
GOVERNMENT AMENDMENT AMENDMENTS TO BILL 1
The Bill is amended as follows:
A Section 1 is amended by adding the following after clause (e): (f) “regulation” means a regulation, order, rule, form, tariff of costs or fees, proclamation, bylaw or resolution enacted
(i) in the execution of a power conferred by or under the authority of an Act, or
(ii) by or under the authority of the Lieutenant Governor in Council, but does not include an order of a court made in the course of an action or an order made by a public officer or administrative tribunal in a dispute between 2 or more persons.
B Section 3(b)(ii) is struck out and the following is substituted: (ii) causes or is anticipated to cause harm to Albertans on the basis that it
(A) affects or interferes with an area of provincial legislative jurisdiction under the Constitution of Canada, or
(B) interferes with the rights and freedoms of one or more Albertans under the Canadian Charter of Rights and Freedoms,
C Section 4 is struck out and the following is substituted:
ALBERTA SOVEREIGNTY WITHIN A UNITED CANADA ACT
Amendment A1 agreed to December 7, 2022
Powers of the Lieutenant Governor in Council 4(1) If the Legislative Assembly approves a resolution described in section 3, the Lieutenant Governor in Council, to the extent that it is necessary or advisable in order to carry out a measure that is identified in the resolution, may, by order,
(a) if the Lieutenant Governor in Council is satisfied that doing so is in the public interest, direct a Minister responsible for an enactment as designated under section 16 of the Government Organization Act to, by order,
(i) suspend or modify the application or operation of all or part of a regulation authorized by that enactment, subject to the terms and conditions that the Lieutenant Governor in Council may prescribe, or
(ii) specify or set out provisions that apply in addition to, or instead of, any provision in a regulation authorized by that enactment, subject to the approval of the Lieutenant Governor in Council,
(b) direct a Minister to exercise a power, duty or function of the Minister, or
(c) issue directives to a provincial entity and its members, officers and agents, and the Crown and its Ministers and agents, in respect of the federal initiative.
(2) A directive issued in accordance with subsection (1)(c) may be general or particular in its application.
(3) Where there is a conflict or inconsistency between
(a) an order made or an order that is directed to be made under subsection (1), and
(b) a provision of a regulation to which the order relates, the order prevails to the extent of the conflict or inconsistency.
(4) For greater certainty, a regulation as referred to in this section does not include an Act of the Legislative Assembly.
(5) Nothing in this Act abrogates any authority or power vested in the Legislative Assembly or the Lieutenant Governor in Council by any other enactment or by operation of law, including any authority or power of the Lieutenant Governor in Council to take action with respect to the federal initiative.
What's all this mean?
Well, good luck in finding out. The U.S. press doesn't follow Canadian politics at all, even in those regions where you would think it should. Alberta is just north of Wyoming and many Albertans come through and work here, but the local news isn't covering it. Canadians themselves, as part of their culture, tend to keep all of their complaints big secrets, so they'll never actually tell you what's going on. We're more likely down here to find out about the blathering of some Pop Tart or Pop Twit, or the fastest weird tweet from Donald Trump written all in caps and featuring weird diction, than we are about something going on in Canada that really matters.
What we can say about Canada is this. Canada has undergone massive societal and cultural shifts since the 1950s. The country was once extremely English, save for in Quebec, and in a conservative way. Quebec itself was extremely conservative as well, but in its own Quebecois way. Starting in the late 1950s, Canada began to jettison its culture in this fashion and has gone the other way. Laws regarding speech are in the books which would be unconstitutional in the US, and the country more or less has an unwritten highly liberal ethos in which things to the contrary are not culturally allowed, no matter what people may actually think. A culture of Canadian politeness operates in this so that, at least on the surface, Canadians go along and don't interject their personal views much. In the Canadian West, however, this meets opposition, but even there the culture of Canadian politeness operates so that you just have to know what's going on, as at least to non Canadians, Canadians aren't telling.
Canadians are also a very proud people and bristle at statements from outsiders, as a rule, that everything might not be prefect. A claimed statistic I saw today, however, would suggest that more Canadians died of euthanasia within a referenced time frame than of COVID 19 which may be a tribune to its COVID 19 policies, but which serves to illuminate the introduction of euthanasia, which is distressing.
The trucker's convoy briefly brought out Canadians who were latent Trump supporters, oddly enough. The difficulty of knowing what's going on in Canada from the outside, and its own culture of not really saying anything if strangers are invited to the dinner table, however, may be suppressing a bit a news story that's similar to what's been going on here for some time.
Following this act's passage, there were indications from Alberta's leadership that it might have to seek a referendum on, essentially, separation.
It'll be interesting to see how this develops.
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