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It's finally time to get a look at sovereignty act

DON BRAID Don Braid's column appears regularly in the Herald Twitter: @Donbraid

On Tuesday, after months of bluster and controversy, Albertans and Canadians will finally get to see what Premier Danielle Smith's Sovereignty Act actually says and does. The full title is the Alberta Sovereignty Within a United Canada Act.

It recalls the Quebec comedian who made people fall down laughing with his signature line during the referendum years: “What Quebecers really want is an independent Quebec in a strong and united Canada.”

Smith has to convince Albertans and Canadians that the province can be much tougher on Ottawa without threatening the national fabric, risk losing investment or severely damaging Alberta's reputation.

Notably, the legislature will not deal with Smith's promise to encode rights for the unvaccinated in the Human Rights Act.

She said it's a complex job that requires several changes to law, but it will come later.

Smith also revealed that she and her ministers have personally called organizations when she hears they “discriminate” by requiring vaccination. She mentioned a sports organization and a movie set, strongly implying that provincial funding was at stake.

But the overarching theme on Tuesday will be the Sovereignty Act.

Five of her six opponents in the UCP leadership race opposed her plan. Her people say no public opposition from them or other UCP caucus members is expected.

There's a genuine will among UCP MLAS to stay calm through the election next May, but that could change very quickly if the public reception turns hostile.

Smith does not see the act as mere symbolism. She intends to use it right away.

Crucially, it will be retroactive. The law can be used to push back against actions Ottawa has already taken, not just new ones the Trudeau government brings in after the legislation is passed.

Smith will tell her ministers that under the act, they must review federal policies and legislation for federal “overreach.” When they find it, they will prepare resolutions for the legislature session early next spring.

Those resolutions, once passed by MLAS, will enable specific actions, including legal challenges.

Very often when Alberta loses in court — as with the federal carbon tax — nothing further happens. Albertans are still paying the very tax ex-premier Jason Kenney so hotly opposed.

Smith's bill goes a long step further. It will enable retribution against existing federal laws and measures either through refusal to comply or more specific actions.

A key target to start with is federal Bill C-69, the project approval law the Alberta government has always claimed is damaging and discriminatory.

Other potential areas for action include the federal move to cut fertilizer use; the proposed federal oil and gas emissions cap (which Ottawa claims is not a cap on production); and possibly the new federal firearms law.

There will be others, as ministers come forward with cases of federal intrusion into provincial jurisdiction.

Smith's key claim to legitimize this bill is that Ottawa frequently stretches far beyond its own constitutional authority. If the feds don't like the pushback, she says, they can try suing the province for a change.

The approach has wide support in the UCP. Polls show the general public is not convinced. Still, Smith's strategists and advisers are convinced this will win them the election.

But they'll still push hard on other fronts. The throne speech to be delivered Tuesday is said to focus, in order, on affordability, health care, jobs and the economy and, finally, standing up to Ottawa.

The Sovereignty Act, Bill 1, will be introduced Tuesday.

Later comes Bill 2 on inflation relief. Most of the details were released last week, featuring $600 payments to seniors and families with children under 18.

Bill 3 will focus on the new pay agreement with doctors. Legislation is required to enable part of that deal.

Another bill will deal with property rights. Also, government house leader Joseph

Schow said the Police Act will be changed to make the courts more effective, and give extra crime-fighting tools to police.

On Monday, Smith and several ministers re-announced indexing to inflation of financial benefit programs, including AISH, the seniors benefit, and the Alberta child and family benefit.

Increases of six per cent will start arriving quickly. AISH and income support recipients will see the money on Dec. 22, others in January.

Tuesday's legislature opening brings Smith's first appearance in the legislature since 2015. NDP Leader Rachel Notley will finally get to challenge her faceto-face.

Previous legislature sessions have been increasingly bitter and contentious. They may soon look tame.

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2022-11-29T08:00:00.0000000Z

2022-11-29T08:00:00.0000000Z

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