Alberta sovereignty bill close to finish line as government invokes debate time limit

Alberta Premier Danielle Smith’s sovereignty bill galloped to the finish line Wednesday, with the government using time limits for debate to rebut what it called Opposition delaying tactics.

Opposition NDP Leader Rachel Notley said the government is on pace to pass the bill Wednesday night or early Thursday morning, and said Smith’s United Conservatives are desperate to get the controversial bill out of the spotlight.

“I suspect we’ll see them crawl through it today to try to change the channel of the growing chorus of criticism from investors, lawyers, business owners, ordinary Albertans, treaty chiefs, you name it,” Notley told reporters.

“The concerns are growing, and they want to run away from what was supposed to be the Prime Minister’s flagship bill.”

The bill was introduced by Smith just over a week ago as the centerpiece of her government’s legislation to resist what it calls federal intrusion into areas of provincial authority under the Constitution.

By the weekend, the prime minister had promised changes to counter widespread criticism that the bill would give her cabinet ongoing emergency-type powers to rewrite laws outside the legislative process to fix whatever it sees as federal harm, or even potential federal damage.

Smith said the powers were not supposed to be in the bill, but did not explain how they were included.

On Tuesday night, the legislature began debating an amendment introduced by the UCP caucus to reverse those powers and limit the definition of federal damages.

UCP backbencher Mark Smith introduced the amendment. He said it was necessary to make it clear that the legislature was still in control of legislation.

“The aim was – or at least should have been – for all elected members to consider how to make a bill better,” he said.

“Tonight I have placed an amendment before this house, which I believe will clarify this bill and the intent of this bill.”

1:36
Trudeau says Feds looking into Alberta sovereignty are acting ‘very, very close’

He introduced the amendment after members of the House approved a motion by Government House Leader Joseph Schow to limit further debate on the second reading of the bill.

Schow also indicated that he would file motions to limit debate if necessary at the amendment stage and at third reading, which is the final stage of passing a bill.

Such measures are allowed to balance debate with keeping the business of the house moving.

Schow said there was nine hours of debate on the bill during second reading and that the NDP said it had no interest in contributing to the bill and asked that it be scrapped entirely.

“There was plenty of time for members to speak,” Schow told the house Tuesday night.

“It’s time for the government to do what it promised Albertans it would do this fall and get things done with Bill 1.”

Legal scholars say the bill remains legally questionable because it says the legislature, not the courts, can decide what is and isn’t constitutional.

There are also concerns about the legal uncertainty that could arise if the cabinet uses its powers under the bill to order municipalities, health regions, schools and city police forces to resist the implementation of federal laws.

Some business groups, including the Calgary Chamber of Commerce, have warned that such uncertainty is bad for business.

Earlier Wednesday, former Bank of Canada Governor David Dodge joined Notley at a news conference to say the bill sends a message of legal confusion and uncertainty that will not attract potential investors.

“We shouldn’t shoot ourselves in the foot by creating the impression that investors can’t rely on the rules, the laws and the processes we have in Canada,” said Dodge.

1:41
Treaty chiefs ask Alberta, Sask. acts of sovereignty to be withdrawn

Earlier Wednesday in Ottawa, First Nations chiefs from Alberta and Saskatchewan called on both provinces to scrap their respective provincial rights bills, calling them inherently undemocratic, unconstitutional and a violation of aboriginal rights.

Treaty 6 Chief Tony Alexis of Alberta’s Alexis Nakota Sioux Nation said there was no consultation or dialogue with First Nations around the Alberta bill and it could set a damaging precedent.

Rick Wilson, Alberta’s Indigenous Relations Minister, said the bill specifies that treaty rights be respected, but he has heard the leaders’ concerns and will work to address them.

Speaking to reporters, Wilson said the title of the bill itself — the Alberta Sovereignty Within a United Canada Act — is problematic.

“Obviously I’ve been on the phone with First Nations leaders across the province and a lot of the concerns are just calling it the sovereignty act, like, what does that mean?” Wilson said.

“To be fair, there is not a lot of clarity about what that means. Should we have done more consultation? Absolutely.”

10:50
The Premier of Alberta is considering amending the Sovereignty Act

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