Canada's Alberta government flexes its political muscles, accusing Ottawa of excessive interference and proposing the Alberta Sovereignty Within a United Canada Act (ASWUCA). While seen as political posturing, the act raises questions about constitutional legitimacy and federalism.
’s Alberta government is at it again. It is flexing its political muscles by jabbing at Ottawa and claiming to be the victim of excessive federal interference. But it is doing so behind a thin veneer of constitutional legitimacy., Ms. Smith and her government contend that Ottawa is trenching on Alberta ’s constitutional powers and, therefore, can be rightfully rebuffed. This is being done under the euphemistically framed Alberta Sovereignty Within a United Canada Act .
Developed over 150 years, constitutional law allocates different powers to different governments. The federal government has a general authority to enact laws that promote “peace order and good government”; there are examples of this contained in the 1867 Constitution Act. However, it is firmly established that there are some areas where there can be dual responsibilities; regulation of the environment is one of those. When there is a clash between provincial and federal regulations, the federal laws are considered to be paramount and will prevail.Moreover, in certain circumstances, the federal government can enact laws that infringe directly on traditional provincial jurisdiction.
Alberta Sovereignty Act Federalism Constitutional Challenge Political Posturing
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