Danielle Smith releases overview of proposed Alberta sovereignty act ableg abpoli
University of Alberta professor and constitutional law expert Eric Adams has concerns with the proposed legislation.“It’s all well and fine for Ms. Smith to declare that it is constitutional, but anytime you have one level of government claiming that it has the power to refuse the lawful enactments of another level of government or to be the institution in charge of determining what’s constitutional or not, then you raise a number of constitutional problems that the details probably can’t save.
The special motion would identify the law or policy believed to be in violation of the Constitution or Charter, include an explanation of the harms it would inflict on Albertans, and detail specific actions the province and its agencies will take to refuse or otherwise oppose enforcement in Alberta. “It points to I think the danger of a politician claiming that she has the authority and the monopoly on determining which laws she says are constitutional or not,” Adams said. “We have a process to do that in our system of government, and it’s the courts.”Article content
“There’s absolutely no merit to what Ms. Smith is saying or suggesting, it is not the case that the federal government can act unlawfully and wait for years to have its comeuppance,” he said. “It just means that you have to use the tools that are available to you.”
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