Canadian Constitution and the Clarity Act constitute the legal

"The Canadian Constitution and the Clarity Act constitute the legal response to the changes in Canadian society when the once religious society of Quebec became the most secular jurisdiction on the continent," according to Barry Cooper, a professor of political science at the University of Calgary.

In response, Cooper stated that it is important to comprehend the historical background of the Alberta Sovereignty Act (ASA).

Cooper made this statement during a lecture on Saturday at the Canada Strong and Free Network Regional Conference in Red Deer, Alberta: "Everyone agrees that social, economic, and political realities change."

"Religious societies become secular; formerly wealthy jurisdictions grow poor; formerly poor jurisdictions grow wealthy."

He claimed that these modifications became part of the Canadian Constitution. He also mentioned that one of the ASA's strategic goals is to change that.

Alberta is empowered to reject to enforce federal legislation that conflict with its interests thanks to a key clause of the ASA. When Premier Danielle Smith of Alberta stated at the ASA's third reading that the Canadian government is not a national one, she meant this.

He asked people to picture Laurentian Canadians wondering if Alberta would join Canada today in order to understand the political situation. Guests are aware of what Albertans will say, he added.

The professor continued by saying that since Albertans have never benefited from the Canadian Constitution, changes must be made to it. He really mentioned that modifying it is known as politics.

He stated that although Albertans may be seeking change right now, temporary solutions to address federalism have been considered for an extended period. Among these are the hiring of a provincial police force, the formation of the Alberta Pension Plan, the development of a provincial unemployment insurance scheme, the drafting of a new banking legislation for Alberta, and the decision to withdraw from federal initiatives that conflict with provincial authority.

In order to safeguard businesses from federal laws and court rulings, newer measures include replacing Canada in negotiations for international trade and market access, guaranteeing that it appoints all judges in Alberta, growing and improving financial institutions, and establishing the Alberta Revenue Agency to collect provincial taxes. He mentioned reducing the amount of federal taxes that Albertans must pay.

He thought Laurentians would cry foul about not getting their share of federal revenues. That's the main idea.

But he added that Albertans will view the ASA and its ramifications as proof Things are getting serious in Alberta. It will stop pleading for adjustments.

He claimed Alberta wouldn't need to become difficult if Laurentian Canada had been receptive to significant change a generation earlier. It opted not to modify.

He asserted that Laurentians must alter their political cultures and attitudes if Alberta is to continue as a powerful and independent province. That is currently the problem with federalism.

Recognizing this fact, Cooper stated in his conclusion, "is the condition for making Canada a genuine federation." If not, he stated, Alberta will have to consider being independent and apply the Clarity Act.

"Albertans are extremely aware of their desires," he remarked.

Counsel for the Canadian Constitution Foundation Josh Dehaas argued that greater power has been usurped by the federal government in conflicts over the division of authority.

"The Supreme Court of Canada essentially said the federal government can do what they want with carbon emissions because it's such a big important international problem that can override all kinds of provincial jurisdiction," according to Dehaas. "That carbon tax reference in 2020 was the very low watermark for this."

The good news is that, as a result of Alberta's intervention and challenge to the Impact Assessment Act and the No More Pipelines Bill, the Supreme Court ruled last year in 2023 that these laws are largely unconstitutional. This presents Alberta with new opportunities to right the ship and defend provincial jurisdiction.

Dehaas suggested that the Alberta government consider launching a legal challenge to increase provincial authority in opposition to the Clean Electricity Regulations (CER). He said the CER is ready for a court battle because of the IAA's triumph.

Ted Morton, a former political science professor at the University of Calgary, claimed that the Western Hockey League brings in referees from outside the city when the local team is unable to select them themselves.

According to Morton, "that's not the case in the courts, particularly in the Supreme Court of Canada."

"The home team gets to make the decision based on its judgment."

He asserted that the Alberta government must reform the Canadian judiciary in order to strengthen federalism. Ultimately, he made the argument that laws are ultimately interpreted by judges.

In the Alberta Legislature in 2022, the ASA was approved on third reading.

"It's not as if Ottawa were a national government, Smith remarked.

"We are a federation of sovereign, independent jurisdictions, which is how our country operates."

by Bradley Jonathan

 The "Let's Talk About Alberta Independence"


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