In a bewildering turn of events, Alberta’s Premier Danielle Smith has invoked the Alberta Sovereignty Act, seemingly just to make a point.
What is the Sovereignty Act?
According to the Alberta government website, the Act “defends Alberta’s interests by giving our province a legal framework to push back on federal laws or policies that negatively impact the province. The act will be used to address federal legislation and policies that are unconstitutional and violate Albertans’ charter rights or that affect or interfere with our provincial constitutional rights.”
Sounds okay, but does Alberta, or any other province, have the power to do that?
Critics say no.
Constitutional law experts point out big legal problems with the Act.
- Alberta government claims to have the power to order provincial entities to violate valid federal law, a claim that is unlikely any Canadian court would agree with, and
- The Act allows the Alberta government the right to declare whether a federal law is constitutional, even though this is the duty of the courts.
In short, the Sovereignty Act is more bark than bite.
Why Invoke the Act Now?
Smith is using the Sovereignty Act to thumb her nose at Ottawa’s clean electricity rules, which are meant to clean up Canada’s power grid by 2035. Instead, Smith thinks 2050 is a more reasonable goal for Alberta.
Smith has claimed the Fed’s rules could throw Alberta’s natural gas-based grid into chaos but admits she didn’t actually need to invoke the Act to implement her countermeasures.
So, if it has no bite, it’s all about bark.
Whether you agree or disagree with Smith’s concerns, her approach is certainly a combative way of sending a message, kind of like a teenager blasting music to annoy the neighbours.
Here’s the kicker: the motion she introduced doesn’t exactly encourage law-breaking, but it’s like a nudge-and-wink to provincial officials not to cooperate with federal rules.
Meanwhile, over in Ottawa, Federal Energy Minister Jonathan Wilkinson is scratching his head, wondering why Alberta is going all “sovereignty act” on them after four seemingly productive clean energy discussions between the province and the feds.
“In the context of all of those conversations, not once has Premier Smith, nor her folks, ever mentioned that they were considering bringing forward the sovereignty act. It is a bit bewildering to be honest for me, in the context of actually so much good progress being made.” Wilkinson was quoted in response.
Smith’s Grand Plan?
Basically, it’s a two-pronged approach.
First, she’s telling her officials to ignore the federal rules as much as legally possible (which is a grey area, really).
Secondly, she’s considering creating a new Crown corporation to provide power with natural gas if more power is needed.
It’s like a backup generator but for an entire province.
Wilkinson and others are left bemused by this move.
They thought they were making headway with Alberta in the joint working group.
Smith, however, is playing her own game.
She’s essentially calling Ottawa’s bluff, suggesting the Fed’s spreading misinformation about the feasibility of a green grid.
Meanwhile, her own “Tell the Fed’s” ad campaign fearmongers about high electricity prices, widespread blackouts and people freezing in the dark.
To add a twist, Smith’s move also involves some potential huge restructuring in the electricity sector.
She’s hinting at nationalizing parts of it, which is quite the pivot for someone whose party has turned electricity generation over to private companies, unlike the crown corporations and power utilities that provide power in the rest of Canada.
Relying on private power companies is one of the main reasons Albertans are being gouged with the highest electricity bills in the country every time they turn on the lights.
Bring It On!
What’s most amusing is that Smith admitted that the Sovereignty Act was more about drawing attention than necessity, a bit like a magician’s dramatic flourish but without a rabbit in the hat.
She’s still planning to attend federal-provincial negotiations, but at the same time, she’s dangling the possibility of a legal challenge once the federal regulations are finalized.
To make her actions even more confusing while she’s thumbing her nose at Ottawa and running attack ads in other provinces, Premier Smith has her hand out begging the feds to fund her pet project- $16 billion for a Carbon Capture program for the oil sands.
It’s like a 25-year-old who wants to live on his own, demands his parents stay out of his business, but still asks them for help paying rent.
Ultimately, it’s like watching a high-stakes poker game where one player is bluffing with a handful of jokers.
Alberta’s Sovereignty Act gambit is a mix of political posturing, practical measures, and a dash of legal uncertainty.
It’s a bold move but more likely to be a misstep than a masterstroke.
