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Breaking the Canadian Federation: Sovereignty Act by Danielle Smith

November 30, 2022: a Brief Story of All the Efforts for Breaking the Federation

Danielle Smith, Premier of  Alberta since October 11, 2022

On Tuesday, 29th November, the new Alberta Premier Danielle Smith presented her “Alberta Sovereignty Within a United Canada Act”, as Bill 1 of her administration. It is ostensibly designed to push back the efforts of Ottawa to force Alberta to do things, which Albertans do not want to do. The Act will enable provincial entities to ignore federal laws, which the legislature of Alberta does not like. The due process for doing it initially passes through the legislature. But after an initial approval, the Act empowers a cabinet minister to even modify an existing Act so that the Albertan government can stop interference by the Federal government. NDP has opposed giving such powers to a minister.

Alberta columnist Don Braid in his column in Calgary Herald of 29th November thinks “it’s such an unheard-of power grab that he suspects Ottawa might use its power of “disallowance”, a rarely used federal power that essentially allows the feds to quash any and all provincial legislation.” (Please see the Calgary herald at https://tinyurl.com/24k5zxhr ) But the National Post’s Carson Jerema’s view is that the proposed ‘Sovereignty Act is legal mainly due to the simple reason that there’s actually nothing in the Constitution requiring the provinces to enforce federal laws.’ (Please see the National Post of 30th November at https://tinyurl.com/43pbtahb )

KENNY RESIGNS from the ALBERTA LEGISLATURE: While the new Premier of Alberta was trying to get herSovereignty Act approved by the Legislature, the former premier Jason Kenney announced his resignation from the Alberta legislature. Kenney has been criticizing polarization of political discourse. In his resignation letter, he wrote: “We are the inheritors of great institutions built around abiding principles. I am concerned that our democratic life is veering away from ordinary prudential debate towards a polarization that undermines our bedrock institutions and principles.”

AN ATTACK on the FEDERATION in QUEBEC from a DIFFERENT ANGLE: Another politician, who mounted an attack on the Federation, is the Parti Quebecois Leader Paul St-Pierre Plamondon and his three party colleagues, who had been elected to the provincial legislature. They were disqualified from taking their seat in the assembly, by the outgoing Quebec speaker Francois Paradis, after they refused to swear an oath to King Charles III.

REFERENDUM OF 1995 in QUEBEC: Previously Quebec had been trying to separate out from the Federation of Canada. On October 30, 1995, the people of Quebec voted for remaining within the Federation by the narrow margin of 50.58% to 49.42%.

REFERENDUM OF 1980 in QUEBEC: The Parti Québécois came to power in Quebec through a campaign, wherein it had promised to negotiate with the Federation for separation of Quebec into a separate sovereign nation. The party’s government sought a mandate from the people of Quebec for initiating the negotiations with the Federation for separation of Quebe through a referendum. However, the people of Quebec denied the mandate by voting against the motion in the referendum.     Nearly 60% of Quebecers voted against this plan of the party.

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