Invoking the Alberta Sovereignty Act via Special Motion against a specific Federal law or policy will likely be done relatively sparingly and only upon passing a Special Motion (as previously detailed) via free vote of the entire Legislative Assembly of Alberta.
However, in my view, if the Federal Government continues to violate provincial rights and Albertans’ Charter freedoms, our Provincial Government should not hesitate to use it to protect Albertans.
As one example, if Justin Trudeau announces tomorrow that under authority of the Federal Emergencies Act, all school-aged children must be vaccinated for COVID in order to attend in-person learning, our government would have the following options:
1) Take the NDP approach, follow Federal Law and have AHS and Alberta Education enforce this policy on our children.
2) Take the establishment UCP approach which would likely be to write an angry letter to Ottawa and possibly take the Federal Government to Court for roughly 2 years, during which time, AHS and Alberta Education fully carry out the Federal Government’s vaccination policy, thereby nullifying the entire point of the lawsuit.
3) Invoke the Alberta Sovereignty Act, via Special Motion, stating that this Federal policy is a breach of the Charter, forbid AHS and Alberta Education from implementing the policy on our children, and wait for the Federal Government to bring a constitutional challenge against the Province which we would fight, probably win, and during which time, the Charter rights of Alberta parents and children will have been protected.
I know which option I like. How about you?
Other examples of Federal legislation and policies the Alberta Sovereignty Act, via Special Motion, could be used to oppose include (though there are many more):
– Federal mandatory vaccination policies involving enforcement activities by a Provincial agency (Charter violation)
– Use of Emergencies Act to jail & freeze accounts of peaceful protesters (Charter violation)
– Authorizing immediate commencement of private and public projects being held up by Federal agencies under authority of the Bill C-69 ‘No New Pipelines’ Law (which law has already been found unconstitutional by the Alberta Court of Appeal but is still holding up projects waiting on a Supreme Court hearing and decision, which could take years)
– Mandatory cuts to fertilizer use by Alberta Farmers (violation of s.95 of the Constitution)
– Mandatory emissions and production cuts to Alberta energy companies (violation of s.92A of the Constitution)
– Mandatory cuts to electricity generation and use from fossil fuels as recently announced by Canada’s Environment Minister (likely violation of both the Charter and a.92A of the Constitution)
– Provincial takeover of firearms licensing and refusing to enforce Federal firearms ownership regulations (violation of s.92(13) of the Constitution)
– Federal censorship or inappropriate sanction of Albertans or independent media based in Alberta (violation of the Charter).
– Mandatory participation by Albertans or information sharing by provincial agencies of Albertans’ personal data for the purpose of a Federal digital identification program (Charter violation)