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Alberta to hit 5 million population within 2 years, tackle electricity and insurance prices – 2023 Throne Speech

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Highlights: Alberta takes charge of its future

Measures to keep more money in Albertans’ pockets, improve patient outcomes and support more students remain the Alberta government’s priorities, as outlined in the speech from the throne.

The speech, read in the assembly on Oct. 30 to open the first sitting of the 31st legislature, describes a tax cut on one’s first $60,000 of income, a law against tax increases without voter agreement, steps to limit costs of insurance, electricity and fuel, increasing health care and education staff, and more affordable housing options.

“I’m excited for this upcoming legislative session and the next four years. In the spring, Albertans gave us a mandate to tackle the issues that are most important to them. We’re committed to delivering on our promises and that work begins in earnest, today.”

Danielle Smith, Premier

“Our province finds itself at a critical juncture in our history, and choices made in the coming months and years will have generational impacts.”

Lt.-Gov. Salma Lakhani

The throne speech outlined the agenda of the government elected in June, including affirming that Bill 1 will be a law prohibiting tax increases without a referendum first. Among the highlights:

Provincial rights

Alberta will continue to fight federal intrusions on the province’s right to develop its oil and gas resources for the economic benefit of the province and the nation. If necessary, the province will use motions under the Sovereignty within a United Canada Act to block actions that are unconstitutional and hurt Alberta.

Growth pressures

Predicting Alberta will top five million people by 2026, the government has promised to build the roads, schools and other facilities necessary to support a larger population.

Affordability

Alberta’s government will continue its work to address affordability challenges in the province by reducing the tax burden on Albertans and focusing on efforts to reduce costs to Albertans related to housing, fuel, electricity and insurance.

Public safety

Alberta’s government will continue its work to help keep Albertans safe on the streets and in communities. This includes supporting the hiring of more police officers and introducing reforms to the justice system. In addition, Alberta’s government will continue its work to help those struggling with the disease of addiction and with untreated mental health issues, including establishing recovery communities and introducing a compassionate intervention program for those unable to make life-saving decisions and who pose a danger to themselves or others.

Health care

Alberta’s government will bring forward a plan to decentralize decision-making in the health care system to ensure services are available to Albertans where and when they need them and to improve patient outcomes.

Education

Strengthening Alberta’s education system will help the province prepare for further population growth and this will be accomplished by increasing the number of classrooms, staff and educational choices. In addition, further mental health support and strengthening career education will help students succeed and better prepare for the future.

Economic diversification

Growing the province’s economy will continue to be a priority for Alberta’s government. In addition to further growing the province’s energy and agriculture sectors, the government will continue its efforts to attract investment and support new and emerging industries, including hydrogen, rare earth minerals, technology, forestry, tourism and culture. By continuing to partner with Indigenous communities and remove barriers for new Albertans to work, Alberta’s government will ensure that everyone can participate in the province’s success.

The Throne Speech 2023

The first session of the 31st legislature opened October 30, 2023 with a speech from the throne delivered by Her Honour, the Honourable Salma Lakhani, AOE, B.Sc., LLD (hon) Lieutenant Governor of Alberta.

Introduction

Mr. Speaker, honourable members of the legislative assembly and fellow Albertans: I open this first session of the thirty-first legislature as His Majesty the King’s representative.

Today we gather on Treaty 6 territory, and I invite all honourable members to reflect upon and acknowledge the traditional territories of the First Peoples of this land and their invaluable contributions to our province and country. I also recognize Métis people in Alberta, who share a deep connection with this land.

Honourable members, since this assembly last convened, the people of Alberta voted in a free and competitive provincial election.

During that period, there was robust discussion and healthy public debate on a variety of critically important issues facing our province. These many discussions and debates took place on doorsteps, in coffee shops, at dinner tables, during local candidate forums and, of course, live on television.

And after those vigorous debates and discussions were concluded, almost 1.8 million Albertans exercised their constitutionally protected right to vote for the candidate of their choice.

The results of that free and fair vote are reflected by the presence of each and every elected member in this assembly, the membership of the provincial cabinet, and of course, the Premier of Alberta.

And today’s speech from the throne will outline the commitments of this newly elected government to the people and province of Alberta.

Alberta’s provincial rights

Honourable members, our province finds itself at a critical juncture in our history, and choices must be made in the coming months and years that will have generational impacts.

There are powerful forces in our country, including in the federal government, that believe our province must fundamentally alter our provincial economy and way of life, and that we must do so without delay or concern of cost.

These individuals believe that developing Alberta’s natural resources is inconsistent with reducing global emissions. They intend to enforce this belief by effectively capping emissions, and therefore production, of our oil and natural gas sector, which will cost Alberta hundreds of thousands of jobs and hundreds of billions of dollars in economic investment and provincial revenues.

These same individuals believe that our province must also fundamentally transform our power grid to be net zero within approximately a decade, with risk to the reliability of Alberta’s power grid and at a cost of hundreds of billions of dollars to Alberta ratepayers.

And they seek to impose these policies on our province knowing full well the Canadian Constitution grants our province exclusive jurisdiction over the development of our natural resources and operation of our provincial electrical grid.

Honourable members, Alberta’s government will not permit the federal government to inflict these destructive policies on the people of Alberta.

If the federal government continues down its current path, Alberta’s government will, over the coming months, introduce several motions under the Sovereignty within a United Canada Act detailing provincial initiatives and legislation necessary to protect Albertans from these unconstitutional and harmful policies.

It is the Alberta government’s position that every Albertan must have access to affordable and reliable electricity no matter the weather or time of day, and this government will not permit misguided federal policies to risk the safety and prosperity of Albertans.

Further, it is the Alberta government’s position that our world will have little hope of meaningfully reducing carbon emissions without Alberta multiplying its natural gas and other energy exports to Asia and other jurisdictions to replace the world’s use of coal, wood and other high-emitting sources for energy.

The world needs more Alberta energy – not less – and Alberta’s government intends to empower Albertans to deliver it.

Growth pressures

Honourable members, Alberta’s government does not believe Alberta has in any way reached the peak of our provincial journey. Just the opposite. In fact, the government believes our province is still in the midst of “Alberta’s Century.”

Our province is growing faster than at any other time in our history. Hundreds of thousands of new and wonderful people are intentionally choosing to call this province home each year.

As we surpass five million people in the coming twenty-four months, Alberta’s government must set priorities and guide its work through the lens of understanding that by 2050, our province is projected to be the second largest in the country with a population approaching ten million people.

This growth presents both incredible opportunities and massive challenges.

It means our economy will be one of the strongest in the world for many decades. It means that all the technology and growth required to build flourishing new industries and transform and grow established ones will occur right in our front yard!

It means massive infrastructure improvements and new recreational and entertainment opportunities that will build our quality of life and culture for decades.

It means the best and brightest from all over the world will continue treating this province as a land of promise – a shining city on a hill – where those willing to work hard and contribute can realize their and their families’ greatest dreams.

But it also means our province will face significant challenges. Challenges born out of high growth and economic activity.

Our province has experienced these challenges in the past, but Alberta’s government intends to learn from both the successes and mistakes of past governments in dealing with these challenges as we move forward.

Affordability

A primary concern in times of growth is affordability. We have seen cities, provinces, states and countries across the world fail to address this issue effectively for decades. Alberta needs to be the exception to those failed examples and forge our own successful path to prosperity.

Albertans, new and old, need to be able to rent apartments and homes for their families without compromising their food budget. When they have good credit, they need to be able to purchase a home at an attainable price. The cost of fuel for their vehicles needs to be reasonable and stable. Electricity prices and insurance premiums need to reflect the reality of people’s paycheques.

Although it is certainly a bold undertaking, Alberta’s government intends to tackle all these affordability challenges head-on.

Lower taxes

The biggest expense for almost every Albertan and Canadian are the taxes we pay. The burden has simply become too great for most to bear: income taxes, sales taxes, fuel taxes, and of course, the inflation-inducing federal carbon tax.

Albertans are taxed too much, and it’s making everything Albertans need to live more expensive.

For obvious reasons, Alberta’s government can do little about the federal carbon tax or federal sales tax.

But it can and will do its part to lower the tax burden for Albertans.

That is why Alberta’s government will introduce Bill 1 – the Taxpayer Protection Amendment Act – to guarantee there will be no new taxes or increases in personal or business taxes in this province without approval by Albertans in a referendum.

In addition, Alberta’s government will lower the tax burden for Albertans by creating a new eight per cent tax bracket on income under $60,000, saving Alberta taxpayers up to $750 annually. The government will also legislatively extend the fuel tax pause until Dec. 31, 2023, and has made the fuel tax relief program permanent to protect Albertans during times of high oil prices.

Albertans will reap the benefits of these tax cuts and consumer protections. They will keep more of their hard-earned money for the things that are important to them, whether that’s nutritious food, hockey fees, dance lessons, further education, family vacations or retirement savings.

Attainable housing strategy

Honourable members, housing and the price of housing has become one of the greatest concerns across the country.

Albertans feel these pressures and Alberta’s government is here to support them.

The government is expanding the use of rent supplements to better use existing rental market capacity and help more Albertans get into suitable, affordable housing.

Alberta’s government is also working to develop partnerships and build capacity within the housing system to support an additional 12,000 low-income households through rent assistance.

With its partners, Alberta is now supporting nine billion dollars in housing investments to build twenty-five thousand new units by 2031 and will be working with municipalities to drastically increase private construction to ensure Albertans can find homes to rent and buy that fit within their budgets.

Electricity costs

Albertans’ electricity costs are too high, honourable members.

There are many reasons for this. A rushed provincial transition from coal to natural gas and federal policies that are scaring away new investment in electricity generation from natural gas are the primary culprits, but there are certainly additional factors. Regardless, electricity in Alberta has gone from being among the most affordable in the country to among the most expensive.

Alberta’s government will not allow that to continue.

Over the coming months, Alberta’s government will work collaboratively with industry and consumers on a package of substantive reforms to ensure Albertans have an electricity grid that gives them access to affordable and reliable power and supports the expansion of a power grid that will need to more than double its base load capacity in the coming decades.

These reforms will ensure ample natural gas-generated electricity is brought on to the electricity grid to ensure prices are pushed down and the lights always stay on.

It will ensure that our electricity market is free from market manipulation and that ratepayers are not left with unaffordable electricity rates under what is now inappropriately termed the ‘regulated rate option.’

Alberta’s government will incentivize investments in carbon capture, utilization and storage, nuclear, geothermal and other reliable sources of base load power.

It will modernize the grid and incentivize consumers to install solar panels and other energy-efficient technologies in their homes and businesses to decrease demand stress on the grid.

And Alberta’s government will conclude work on a regulatory regime that continues to see Alberta lead the country in renewable energy growth in a manner that is financially sustainable, protects our pristine landscapes and prime agricultural lands, guarantees end-of-life site reclamation and does not risk the integrity of our power grid.

Simply put – Albertans will have affordable and reliable electricity when and where they need it. And the province will accomplish all of this while moving towards a carbon-neutral electrical grid by 2050.

Insurance costs

Insurance premiums are another cost-of-living pressure that this government must act on. Albertans can’t just choose not to have insurance. They need it for their vehicles and property.

And although Alberta’s government supports the consumer choices and other advantages that our free-market insurance system provides, our insurance industry must understand that when it provides a product that effectively all Albertans are required to have, consumers must be protected from undeserved spikes in the costs of those products.

That is why Alberta’s government froze auto insurance rates before the end of last year.

And it is why when the government lifts that freeze in the new year, it will also implement a series of reforms to limit increases to premiums for drivers who have safe driving records and introduce other changes to assist insurers to keep premiums more reasonable and competitive with the rest of the country on a go-forward basis.

Life in Alberta must be affordable for those who choose to live here.

Public safety and addiction crisis

Life in Alberta must also be safe.

Albertans are done with allowing further deterioration of public safety on our streets – especially in Edmonton and Calgary. They are done with open-air drug use – and unsafe tent cities – and criminals being repeatedly released on bail to reoffend.

Albertans are tired of the excuses and tolerance for criminal behaviour by those who seem to think that what we see on our streets is acceptable in any way.

That is why Alberta’s government will provide funding to support the hiring of hundreds of new police officers and introduce multiple justice system reforms to do all that is possible as a province to arrest and put criminals behind bars.

While Albertans are looking for consequences for criminals, our hearts also break as we see so many falling into the deadly and destructive trap of addiction and untreated mental health issues. In many instances, these Albertans have become a danger to themselves and others in the community.

That is one of the reasons why Alberta’s government will introduce legislation to create a compassionate intervention program for those who have lost the capacity to make life-saving decisions and are a danger to themselves or others. And it’s why Alberta’s government is establishing eleven recovery communities and adding to the more than 10,000 new publicly funded addiction treatment spaces across the province. We owe it to these Albertans, their families and the community to find a better way to get them the help they need.

Our streets and communities must be safe, and Alberta’s government calls on the federal government, municipal councils and police commissions to work together to aggressively address this critically urgent challenge.

Health care

As our province doubles in size over the coming decades, we will also need to significantly improve and grow the capacity of our health-care system for all Albertans.

Despite the excellent work of doctors, nurses and other front-line staff, more work is needed so Albertans can access world-class health care when and where they need it. Alberta’s government began down this road last fall with its Health Care Action Plan. While we have seen some success with reducing wait times in emergency rooms and for surgeries, and improving ambulance response times, the government believes more needs to be done.

Earlier this month, Alberta’s government took action to help Albertans get more access to family doctors and other local health professionals, which is the foundation of a healthier province. The government will have more to say in the coming weeks on additional action to decentralize decision-making and move additional health resources and professionals to the front lines.

This, in turn, will increase health care capacity and improve health care delivery in the province and lead to better outcomes for patients.

Education

Honourable members, with the substantial growth our province is set to experience in the years ahead, Alberta’s government must significantly expand the number of spaces in our kindergarten through Grade 12 and post-secondary education systems.

Not only does our province need many more classrooms, teachers, assistants and support staff, we also need more quality educational choices for parents by growing capacity in, and improving the quality of, our public, separate, charter, independent and home-schooling systems.

Government will further integrate mental health supports within schools and continue to implement additional educational assistants into classrooms to address the unique and specialized needs of many of our students.

Alberta’s government will also ensure our kindergarten through Grade 12 and post-secondary school systems outline clear paths for students and parents to help direct students into the jobs and careers our province needs most.

The government will work to strengthen career education by funding new and enhanced dual credit programs; bringing more collegiate schools online across the province to create pathways for students; and exploring new ways to attract and bridge qualified tradespeople, health care professionals, information technologists and other experts into the teaching profession.

And Alberta’s government will champion skilled trades and professions to ensure young Albertans know that apprenticeship education has as much merit and value as any other form of post-secondary study.

Our children deserve a world-class education system geared towards obtaining jobs and success in the economy of today and tomorrow. Alberta’s government will ensure they have it.

Economic diversification

Honourable members, if Alberta wishes to maintain and further grow one of the world’s most successful economies, the government believes we must build on our core strengths while incentivizing the creation and growth of new industries and opportunities.

Our province is the fourth-largest producer of oil and gas in the entire world – and is far and away its most environmentally responsible one.

Alberta will not be content with fourth place – not when our province’s energy reserves and environmental technologies are second to none, and when increasing our exports can guarantee energy security for the free world while replacing thousands of megatonnes of carbon dioxide from coal and other high-emission fuels with clean Alberta LNG and responsibly developed oil products.

That is why Alberta’s government is forming a cross-ministry working group to review and reform how it regulates natural resource development in this province.

Not only will Alberta be the greenest energy producer in the world, the government will ensure we create one of the most efficient, timely and red-tape free jurisdictions on the planet to invest in energy – whether that be conventional, non-conventional, renewable or otherwise.

Alberta’s government will ensure the entire world understands that the words “Alberta” and “energy” are inextricably linked for generations.

Further, with food security becoming an emerging world challenge, Alberta is perfectly placed to help feed the world with our world-class agricultural entrepreneurs, farmers and ranchers.

That is why Alberta launched the Agri-Processing Investment Tax Credit to attract large-scale investment in value-added agricultural manufacturing. This tax credit builds on the province’s other competitive advantages and maximizes opportunities to create more jobs for Albertans.

And although energy and agriculture will be the bread and butter of our economy for the foreseeable future, the government will not wait to build the industries of tomorrow.

Alberta’s government will incentivize the development of new and emerging industries such as hydrogen, rare earth minerals, technology, new forestry products, tourism and culture.

And as it does so, the government will remove barriers for new Albertans to qualify to work in the jobs our economy most needs – and where they are often already qualified to work – by working with our professional regulatory partners to create a more efficient and streamlined system for the best and brightest to join the workforce of tomorrow and secure our province’s future.

Alberta’s government will also remain steadfastly committed to economic reconciliation by partnering in prosperity with Indigenous communities as we unlock Alberta’s full economic potential together.

Alberta’s government has expanded the capacity of the Alberta Indigenous Opportunities Corporation to two billion dollars and will further increase it to three billion dollars, so it can continue to remove barriers to Indigenous investments by providing large loan guarantees that weren’t previously available.

And in Budget 2023, Alberta’s government created the Indigenous Reconciliation Initiative, which supports Indigenous-led economic and cultural initiatives.

Economic reconciliation is about improving social outcomes by creating jobs and opportunities for Indigenous Peoples in Alberta … it is about collaboration … and it is a central part of this government’s commitment to walking the path toward reconciliation together.

Infrastructure

Honourable members, as our province grows by another million people over the next five years and to ten million by 2050, so too must investment in our municipalities and provincial transportation network.

Aside from health care facilities, schools and other needed building infrastructure, the province needs to substantially invest in infrastructure that incentivizes economic development, attracts skilled professionals and increases the quality of life of Albertans.

That is why Alberta’s government has been working closely with municipalities across Alberta to finalize a new funding framework that is tied to provincial revenues and provides more predictability for capital planning at the municipal level.

But the province also needs to significantly expand our provincial transportation and highway network and build commuter rail links between our two largest cities and their growing neighbouring communities and airports.

We need to decongest our highways to Kananaskis and Banff with a passenger rail tie between the Calgary airport, downtown Calgary and Canmore/Banff.

And yes, we need to start planning for the inevitable need for high-speed rail through the Calgary-Red Deer-Edmonton corridor when six to seven million Albertans eventually call that corridor their home.

These investments are decades long and should not be made randomly. They must be planned carefully and in an integrated fashion to ensure the most efficient and timely use of tax dollars. Alberta’s government intends to do just that.

Fiscal responsibility

Alberta’s government will do all of what has been spoken of today within the discipline of our province’s newly passed fiscal framework.

It will simply not place crushing debt on the backs of future generations of Albertans. Our children and grandchildren deserve so much better.

Alberta’s government will give them better.

It will balance our provincial budget each year.

It will limit spending increases each year to below inflation plus population growth.

It will pay down debt every year until our province is debt-free again.

And when the province runs surpluses, rather than spend it all away on the wants of today, Alberta’s government will build our Heritage Fund by billions of dollars – and eventually by tens of billions of dollars – so that one day our province’s reliance on oil and natural gas royalties will be eliminated.

Let us leave future generations of Albertans a legacy of prosperity and opportunity built on a fiscal foundation as strong as our Rocky Mountains.

Closing

Yes, honourable members, this government’s agenda is ambitious. But so too are Albertans.

We are not content with average. We are not a people to say ‘good enough’ when the job is not yet finished.

And we do not shy away from a challenge – not when the future of our families, friends and neighbours is at stake.

We are indeed a province of leaders, innovators, pioneers and visionaries. But we are also a province of teachers, healers and protectors.

And we will need the unique strengths and gifts of all of us, and those of our children and their children, to realize the limitless promise of this great province.

God save the King, and may God bless Alberta to be forever strong and free.

This is a news release from the Government of Alberta.

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Fortis et Liber: Alberta’s Future in the Canadian Federation

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From the C2C Journal

By Barry Cooper, professor of political science, University of Calgary

Canada’s western lands, wrote one prominent academic, became provinces “in the Roman sense” – acquired possessions that, once vanquished, were there to be exploited. Laurentian Canada regarded the hinterlands as existing primarily to serve the interests of the heartland. And the current holders of office in Ottawa often behave as if the Constitution’s federal-provincial distribution of powers is at best advisory, if it needs to be acknowledged at all. Reviewing this history, Barry Cooper places Alberta’s widely criticized Sovereignty Act in the context of the Prairie provinces’ long struggle for due constitutional recognition and the political equality of their citizens. Canada is a federation, notes Cooper. Provinces do have rights. Constitutions do mean something. And when they are no longer working, they can be changed.

Mahatma Ghandhi was once allegedly asked what he thought of Western civilization. “I think it would be a good idea,” he is said to have replied. One could answer the same about Canadian federalism: it would be a good idea.

Not too long ago I was interviewed by a CBC journalist from Toronto regarding the Alberta Sovereignty within a United Canada Act, which upon its introduction by Premier Danielle Smith’s UCP government in November 2022 was attacked as needlessly provocative, deeply unconstitutional, legally unsustainable and shamelessly populist. “What is your vision of Canada?” the CBC reporter wanted to know. I told her the following: that Canada might be a federation. The implication was obvious: Canada is not a federation at present and, arguably, never has been. Many Canadians would find such a remark not arguable but outrageous. So here is my argument. My focus is on the Prairie West, not Laurentian Canada, the Maritimes, Newfoundland or B.C., each of which retains the story of its connection to Canada.

For 200 years Rupert’s Land (its flag shown on top left) along with the Northwest and Northeast Territories were the exclusive commercial domain of the Hudson’s Bay Company (HBC), granted by the British Crown; Great Britian officially transferred these vast lands to the Crown in Right of Canada in 1870. (Source of map: Golbez, licensed under CC BY 2.5)

Before Canada became a country in 1867, the vast tracts administered by the Hudson’s Bay Company – Rupert’s Land and the Northwest and Northeast Territories, including what became Labrador – were governed from London under Imperial orders and statutes. In law, Rupert’s Land was a plantation – a cold-weather plantation, to be sure, but a plantation nevertheless. The transfer of Company lands from the Imperial Crown to the Crown in Right of Canada took place by means of an Imperial Order-in-Council (passed under appropriate statutory authority) on July 15, 1870.

This all-but-forgotten history is important for understanding our present discontents. Not only was Rupert’s Land a territory politically distinct from the colony of Canada, but the manner of its acquisition by Canada underlined its distinctiveness. In 1868, a year after Confederation, the British Parliament passed the Rupert’s Land Act, specifying that the Hudson’s Bay Company would surrender its “lands, rights, privileges, liberties, franchises, powers and authorities” under certain terms and conditions to be negotiated by the Company, the Colonial Office and the Canadian government.

The negotiations were protracted and the specification of the terms and conditions took years of haggling among all the parties, some of which erupted into lawsuits. In the background there remained the unacknowledged claims of the inhabitants of the Red River Settlement (in what later became the Province of Manitoba), who were decidedly cool about the prospect of being incorporated into Canada. Neither they – whether of British, French, Métis, “country-born” or Indian stock – nor the other natives of Rupert’s Land were consulted about their new status.

Obscure but legally important: Canada is often said to have “purchased” Rupert’s Land from the Hudson’s Bay Company, but Canada did not actually pay for the land, only for the company’s capital improvements such as Lower Fort Garry in the Rural Municipality of St. Andrews (aka the Stone Fort, top), Fort Edmonton (middle), depicted here after construction of Alberta’s Legislative Assembly building, and the Hudson’s Bay Brigade Trail (bottom). (Sources of images: (top) Gordon Goldsborough, 2014-0038; (middle) Peel’s Prairie Provinces)

Rupert’s Land was not, therefore, on the market the way Alaska had been in the 1860s, when it was purchased from Czarist Russia by the United States for US$7.2 million (or 2 cents per acre), a transaction that took place in March 1867 through a signed treaty. True, many Hudson’s Bay Company stockholders similarly wished to sell Rupert’s Land to the highest bidder and hoped to begin the auction with an offer from China. Russia and the United States were also expected to join the bidding, along with Canada.

Some Canadian politicians spoke of the subsequent Canadian “purchase” of Rupert’s Land; some Canadian historians still do. But the transfer of Company lands to Canada was not a real estate deal. The Imperial Crown simply transferred its authority to the Crown in Right of Canada. Canada “indemnified” – i.e., bought off – the Hudson’s Bay Company not for the territory of Rupert’s Land but for the several capital improvements made during the previous 230 years. These included such structures as the Stone Fort at Red River and the timber fort at Edmonton, but also far-flung portage trails and the like.

Looked at from the perspective of Laurentian Canadian history, Rupert’s Land was a gift to the new Confederation from the Imperial Crown, the missing link between Canada and the colony of British Columbia that inspired the empire-builders of the Macdonald-Cartier coalition to extend the new eastern political entity to the Pacific Ocean, to build the Canadian Pacific Railway and to incorporate the province of B.C. within Canada. As for the Company lands to the east of Hudson Bay, very little commercial viability was expected. This was fur territory peopled by Indigenous trappers and barbaric traders as it had been for centuries. Canada later gave Ontario and Quebec additional territory carved from those former Company lands.

Canada expanded in a mode quite different from the United States. Unlike the generally well-planned and logical formation of new states from territories – a process meant to reflect an area’s maturation from thinly populated, intermittently governed and often lawless frontier to incipient civilization – there was nothing in Canada akin to the American Northwest Ordinance or to its successor laws. A key difference was that a newly formed U.S. state gained the same rights and privileges as other states, an important element of real federalism.

Here one should note that there are two elements essential to any federation. The first is a constitutionally defined division of responsibility between the central government and the constituent sub-national jurisdictions – provinces in Canada, states in the U.S. In a well-run federation each order of government stays in its constitutionally defined lane. The second element is that representation in the federal government combines numerical equality or “representation by population” with equal constitutional standing and privileges for all component jurisdictions.

“Enter the Union on an equal basis with existing states”: In contrast to Canada, the U.S. Northwest Ordinance of 1787 provided a formal and transparent mechanism by which newly settled territories could graduate to statehood if they met certain conditions – gaining the same rights and privileges as the original 13 states.

This second element is why the Americans combined in Congress a House of Representatives based on the principle of one person, one vote, with a Senate where each state – whatever its population – would send two senators to Washington, D.C. Because Canada does not provide equal provincial representation in the Canadian Senate (and for a few additional reasons) it has been called by political scientists a “quasi-federal state”. This particular anomaly (or defect) lay behind the attempt starting in the 1970s to establish a Senate that would have an equal number of Senators from each province, who would be elected and whose resulting legitimacy would allow the Senate to become effective in defending the rights of the provinces – the “Triple-E” Senate.

The second policy area where Canada’s expansion westward differed profoundly from America’s was the absence of consultation with the inhabitants of the newly acquired Canadian territories. In the U.S. this always entailed serious two-way discussions; ambitious pioneers would sometimes move out to a territory with the intention of taking part in its development and participating in its graduation to statehood.

In Canada, it was precisely the neglect and lack of communication that eventually led future rebel leader Louis Riel and his compatriot John Bruce to argue that the Western inhabitants of the Hudson’s Bay Company lands had been “abandoned” by the Imperial Crown. The Red River Settlement existed after the 1870 transfer, as they described it, in something akin to a Hobbesian state of nature. Consequently, they declared, the inhabitants of all the former western Company lands “refuse to recognise the authority of Canada,” which was seeking to coerce these subjects of the British Empire by imposing “a despotic form of government” on them.

“Our lives our fortunes and our sacred honour”: Métis leaders Louis Riel (top left) and John Bruce (top right) saw the 1870 transfer of Rubert’s Land to Canada as an act of “abandonment” by the British Crown; to protect the interests of the Red River Settlement (bottom), they “refus[ed] to recognise the authority of Canada.” (Sources: (top left photo) Library and Archives Canada, C-018082; (top right photo) Manitoba Historical Society Archives; (bottom map) Manitoba’s Red River Settlement, by Douglas Sprague and Ronald Frye)

Much like the British subjects a century earlier who became signatories of the then-colonial Declaration of Independence in 1776, the Red River authors declared “to the world” and to Canada in particular that they had established a Provisional Government and, closely following the final paragraph of U.S. Founding Father and future President Thomas Jefferson’s text, “mutually pledge ourselves on oath our lives our fortunes and our sacred honour to each other.” (Original non-punctuation)

Although this statement might sound hopelessly grandiloquent to modern-day ears, their claims were not without a political basis. As my friend and U of C colleague Tom Flanagan pointed out in his 1978 essay “Political Theory of the Red River Resistance: The Declaration of December 8, 1869”, the Declaration of the People of Rupert’s Land and the North West certainly rested on highly questionable legal grounds. To begin with, as noted, the land transfer was an intra-Imperial action. It was not the act of a sovereign power called the Hudson’s Bay Company abandoning the inhabitants of “its” territory and turning them over to another and alien sovereign power, Canada. The Company was not at all sovereign, and Canada was not fully sovereign.

The legal issue was of secondary importance, however, to the political significance of the Red River inhabitants’ response to the actions of Canada, starting with the Declaration and including not one but two open rebellions, the second of which was a serious armed conflict in which Canada’s control hung in the balance. In that second one, in 1885, Laurentian Canada mobilized and commanded Imperial military assets to impose its law on the rebellious Northwest. To the inhabitants, these actions, even if by then they themselves opposed Riel, looked like a continuation of the style of rule from London they had previously endured by way of the Company. That is, rule of the Northwest by “imperial” Canada was of a piece with British Imperial rule prior to 1870.

This was why James Mallory, a distinguished 20th century McGill University political scientist, in his 1954 book Social Credit and the Federal Power in Canada referred to the Prairie provinces as “provinces in the Roman sense”. Whatever did he mean? A Roman provincia was distinguished by two major attributes. First it was a locale where imperium, administrative rule, was exercised by Rome or an agent of Rome. Second, unlike the inhabitants of Italy, “provinces” paid tribute to the capital. Moreover, the etymology pro-vincere (Latin for something that was defeated or vanquished) suggests the provinciae were conquered territories. Aside from their military and geopolitical significance, Roman provinces were there to be taxed and to enrich their Roman rulers.

The analogies to 19th and 20th century Canada are clear. Ottawa – as pitiful a town as it was – acted as a new Rome on the Rideau. The territories (and soon-to-be second-class provinces) were acquired additions; they existed to strengthen and benefit Laurentian Canada by analogy with Roman Italy, and to enrich its leading citizens. And the provincials were expected to behave themselves. To this day, the embarrassment of 1885 has not been forgotten by Laurentian administrators. Of course, the Canadian punishment for rebellion was not Roman in its ferocity, although the result for Riel was equally final.

“Provinces in the Roman sense”: According to political scientist James Mallory, Canada’s Prairie provinces were akin to “provinciae” in ancient Rome – conquered lands whose inhabitants were not citizens and who existed to serve the interests of the Imperial Capital and the Italian heartland. Shown, the fall of Macedonia in 168 BC depicted in The Triumph of Aemilius Paulus by Carle Vernet, 1789. (Source of painting: The Metropolitan Museum of Art)

Northrop Frye once remarked that if history is a narrative of what happened, myth tells the story of what happens all the time. In that sense, myth is a major constituent of what we now call political culture. The Red River resistance, however comic and ineffectual it appeared to later Laurentian historians, became part of a Western myth, the most recent manifestation of which was the Freedom Convoy of 2022. And, incidentally, Laurentian historians were a self-described “school” centred at the University of Toronto. The most famous of them was the first modern biographer of Sir John A. Macdonald, Donald Creighton. His thesis, The Commercial Empire of the St. Lawrence, published by Yale University Press in 1937, effectively founded the Laurentian school. The second edition, published by the U of T Press, bore a franker title: The Empire of the St. Lawrence. That is the origin of the term “Laurentian Canada”.

Between the Red River resistance and the truckers’ convoy, over 150 years apart, came Prime Minister Macdonald’s grossly misnamed “National Policy”, which subordinated the economic vitality of Prairie agriculture to Laurentian industrial commerce. (To oversimplify somewhat, high import tariffs protected eastern industries while making imported goods critical to the Prairies’ economic development needlessly expensive, in turn making export-dependent Prairie farmers less economically competitive; the National Policy amounted to simple exploitation of the West.) When Alberta and Saskatchewan became Roman-style provinces in 1905, the Dominion Lands Policy saw to it that the major source of revenue from land sales and fees remained reserved “for the purposes of the Dominion”, not them.

The Western political response continued to reverberate for more than a century. Several political parties and social movements formed in opposition to Laurentian policies: the Progressives, Social Credit, the Social Gospel, the CCF, and later the Reform Party and the Canadian Alliance. The fact is, Westerners have typically wanted to make Canada work as a genuine federation. They were neither revolutionaries nor separatists. Like their cousins in the American West, they sought equal rights as citizens and equal representation for Western, especially Prairie, provinces.

In 1905 the Dominion of Canada carved the new provinces of Alberta and Saskatchewan out of portions of the Northwest Territories; the newcomers were treated as distinctly second-class in comparison to the original provinces, among other things only gaining full control over their lands and natural resources in 1930. (Sources of photos (clockwise, starting top-left): Calgary Herald Archives; Provincial Archives of Saskatchewan R-A4110-2; Glenbow Archives, na-1496-2; Western Development Museum)

And while all of these movements mounted often-spirited resistance to Laurentian political and economic controls, they also seemed to accept the political institutions of imperial Canada. Remember the slogan of the Reform Party in 1987? “The West wants in.” Why? To increase the likelihood of self-government, the very desire for which was dismissed by Laurentians as unintelligible: were these pesky Westerners not already citizens of an already self-governing country? They must be alienated, poor things, and in need of the ministrations of an alienist.

David A. Smith, another distinguished political scientist, who taught for many years at the University of Saskatchewan, provided a less condescending answer than the conventional dismissal by Laurentians in his 1969 essay “A Comparison of Prairie Political Movements in Saskatchewan and Alberta”. Westerners, Smith wrote, had tried working within the dominant political parties, then through so-called “third parties” that attempted to persuade the dominant parties, then through balance-of-power strategies. “No other area of the country,” Smith said, “has experimented with so many partisan alternatives and had so little apparent satisfaction from the results.”

A third distinguished political scientist, Alan Cairns, once asked: why were the Social Credit and the NDP called “third parties?” In B.C where Cairns taught, these parties were the government, the major players in a vibrant two-party system. The “third parties” were the Liberals and Conservatives. One might say the same thing about Social Credit and the Cooperative Commonwealth Federation (the future NDP) on the Prairies. That is, the political articulation of the Western provinces is distinct from that of Laurentian Canada.

The Prairie provinces continued to be subjected to destructive Laurentian policies throughout the 20th century, such as prolongation of the Canadian Wheat Board, official bilingualism and the National Energy Program, implemented by Pierre Trudeau in 1981 (shown on bottom left, to the right of Alberta premier Peter Lougheed in the centre). Depicted on bottom right, oil sands facility at Mildred Lake. (Sources of photos: (top left) Canadian Government Motion Picture Bureau/Library and Archives Canada/C-064834; (bottom left) The Canadian Press/Dave Buston; (bottom right) The Canadian Press)

After Canada’s first half-century or so, after the Prairie provinces finally in 1930 gained control over their natural resources (as Canada’s “founding” provinces had had from the start), there followed in the post-Second World War era further nonsensical Laurentian policies: the needless prolongation of the Canadian Wheat Board (whose command-and-control methods evoked the late Roman Emperor Diocletian’s ludicrous economic decrees), the definition of Canada as a bilingual country (the major consequence of which was to ensure that most Westerners did not find a professional career in Ottawa attractive), and of course the unforgettable National Energy Program, seen by many Albertans as the 20th century successor to the National Policy.

Then, the 1982 Constitution Act gave the Supreme Court of Canada effective control of legal aspects of the Constitution. And, like the first Supreme Court of Canada, it has acted largely as a centralizing creature of Laurentian Canada. One must be remarkably naïve not to think that Prime Minister Pierre Trudeau had something like this in mind when he began campaigning to “patriate” the Constitution nearly two generations ago. In any event, a major consequence of the 1982 Act was to undermine the institutions of federalism, particularly provincial responsibility for natural resources and the environment, which had been sustained by the jurisprudence of Britain’s Judicial Committee of the Privy Council in earlier times and largely respected after 1949 when judicial appeals to the Law Lords were abolished.

Today almost all the malign aspects of Canada’s Constitution are encapsulated in the federal equalization program. As Rob Anderson, Derek From and I point out in the Free Alberta Strategy (there’s also good material in this C2C essay), the Government of Canada has for decades expropriated vast amounts of fungible wealth from the taxpayers of the Prairie West and especially from Albertans – amounting to literally hundreds of billions of dollars. Moreover, the latest assault by the Justin Trudeau government has combined this traditional wealth removal with a novel attack on the source of provincial prosperity, the oil and natural gas industry in general and the oil sands in particular. For many Albertans, Ottawa has definitively breached the principles of the federal Constitution.

Now what?

First, recall the historical importance of federalism. In those remote days prior to the Canadian Charter of Rights and Freedoms, the focus of Canadian constitutional politics was on the balances struck over the years between responsibilities under s. 92 of what was then known as the British North America (BNA) Act that belonged chiefly to the provinces – such as transportation, regulation of businesses and professions, creation and oversight of municipalities, education, courts of law, health care and natural resources – and those given to the Dominion government under s. 91 – such as national defence, foreign relations, the criminal law, relations with Indians and international trade.

Of all the theorists of federalism to whom I was introduced as an undergraduate, William S. Livingston has remained my favourite. His Federalism and Constitutional Change was published by Oxford in 1956. It was preceded by an article, “A Note on the Nature of Federalism”, that established his main arguments. In my opinion they have not been superseded though they may have been forgotten.

“It’s not like Ottawa is a national government”: The Alberta Sovereignty within a United Canada Act, passed in late 2022 by the UCP government of Premier Danielle Smith, pictured, aims to strengthen the province’s ability to limit unconstitutional intrusions of federal policy and law into areas of provincial jurisdiction, thereby reaffirming that Canada is a federal state. (Source of photo: The Canadian Press/Jason Franson)

This is the context within which Premier Smith’s remark is to be understood when she said on third reading of Bill 1, later the Sovereignty Act, “It’s not like Ottawa is a national government.” (Emphasis added)

Social and political realities change: formerly poor jurisdictions such as Alberta grow wealthy; formerly rich jurisdictions such as the Maritimes grow poor. Political institutions eventually display the characteristic of serving purposes for which they were not initially designed. Just as federal societies change, federal institutions are required to change as well in response to new realities. If federal institutions are incapable of responding to changes in federal societies, the result is political dissolution, which is to say, independence of a former constituent jurisdiction. That was the prospect posed by Quebec in the 1970s after its “Quiet Revolution”. Quebec separatism spooked Canada sufficiently to change the effective federal Constitution to reflect the new configuration of the federal society.

This is not to say that legal federalism, which defines the primary areas of jurisdiction of Ottawa and the provinces, is unimportant. Sections 91 and 92 of the BNA Act are still in force and effect. Moreover, reasserting and defending the constitutional validity of the division of powers is the primary purpose behind Alberta’s Sovereignty Act.

Although attacked by critics, Alberta’s Sovereignty Act has received strong popular support for challenging the Justin Trudeau government’s constant intrusions into areas of provincial constitutional jurisdiction; the author points out that the Constitution does not require provinces to enforce federal laws, and that the Supreme Court of Canada has confirmed this. Shown, supporters of the Sovereignty Act outside the Alberta legislature, December 2022. (Source of photo: CityNews/Laura Krause)

Its central provision regarding federalism enables the provincial government to refuse to enforce federal laws. The decision not to do so would be based on the judgment of the legislature that the federal law in question was illegal, unconstitutional, harmful to Albertans or contrary to Alberta’s interests, based primarily on the text of ss. 91 and 92 and how those provisions were put into practice over Canada’s first century – but which recent federal governments have successively and, in the Justin Trudeau government’s case, systematically undermined or overridden as if they weren’t even there.

What is novel about this provision is that it would require Canada to take Alberta to court and there to prove its case, not the other way around as is the current practice. Nowadays when Ottawa first intrudes upon or overrides provincial jurisdiction and puts its unconstitutional policy or law into practice, it forces one or more provinces to try to stop it – even as the damage is already being done and the new policy threatens to become institutionalized through force of habit.

Equally important, there is no provision in the Constitution requiring any province to administer or enforce federal law. (Please see also this article and this article for supporting evidence of that contention.) The reason is obvious: Canada remains in law and reality a federation, not a unitary regime where provinces are simply agents of Ottawa the way Alberta municipalities are creatures of the provincial government. One reason for the political support that the Sovereignty Act has received are the objections to the arrogant default assumption of the Trudeau government that it is (except for Quebec) a “national government” – precisely what Danielle Smith denied. That is why it was originally and for a long time thereafter referred to as the Dominion government and today is called the federal government, which implies a government with limited and clearly enumerated constitutional scope and powers.

Another way of indicating the issue of connecting the reality of a federal society to a federal constitution is found in a remark of the late U.S. conservative journalist Andrew Breitbart, who famously observed that “politics is downstream from culture.” This is a snappy version of Frye’s remark regarding myth or what Livingston meant by the primacy of society. But what is downstream from politics? The answer is simple: the law of the Constitution.

Ask yourself: where did the BNA Act come from back in 1867? Or the 1982 Constitution Act? They came from political negotiations and political deal-making in response to political ideas and demands generated by the changing realities of a federal Canadian society. In that context, the 1982 Constitution Act looks like a legal response to the social changes of the “Quiet Revolution”. That is also where Alberta’s Sovereignty Act came from. Indeed, it can be seen as the current expression of a not-so-quiet Alberta revolution initiated by Ralph Klein, premier of Alberta from 1992 to 2006.

Those who say the Constitution is set in stone and can never be re-opened are legal fundamentalists and they are wrong. All constitutional documents, so revered by lawyers, especially the ermine-clad lawyers on the bench of the Supreme Court of Canada, were all downstream from political deals that reflected changing social, economic, cultural, etc. realities. Of course the Constitution can be re-opened! That is one of the long-range purposes of the Sovereignty Act.

“Clear majority on a clear question”: Two years after the 1998 Quebec Secession Reference case before the Supreme Court of Canada, the Liberal government of Jean Chrétien (on bottom, leaning forward) introduced the Clarity Act, establishing the conditions under which Canadian provinces may be allowed to begin the process of secession. The author considers this another act violating the concept of federalism, with Ottawa unilaterally calling the shots and placing provinces in a subordinate position. (Sources of photos: (top) @Law Scribes/X; (bottom) CP Photo/Fred Chartrand)

If Laurentian Canadians and lawyers nearly everywhere say that the Sovereignty Act is unconstitutional, I agree but with the following qualification: legal unconstitutionality is simply another way of saying it’s time to change the law of the Constitution. That is what Bruce and Riel had in mind so many years ago. The law of the Constitution may work well even today for Laurentians and for Ottawa bureaucrats, but they have become what English historian and philosopher Arnold Toynbee called a “dominant” rather than a “creative” minority. More to the point, if the law of the Constitution does not work for Albertans and for others in the Prairie West, why should it be respected? All the strategies listed by David Smith have not made a dent in the adamantine attitudes of Laurentian Canada. In their collective imperial mind, in their political culture, the Prairie West remains a colony. The Sovereignty Act aims to bring an end to a very unpleasant history.

And then there is the Clarity Act to consider. In the 1998 Quebec Secession Reference case brought by the Government of Canada, the Supreme Court of Canada required that any provincial referendum on secession receive a clear majority on a clear question in order to be valid and so to trigger mandatory negotiations. The Court did not define what either a clear majority or a clear question might be.

Two years later the Jean Chrétien government (under great pressure from the Reform Party) introduced what became the Clarity Act, according to which the Parliament of Canada would determine before any provincial referendum on potential secession whether the question was clear enough and, after the vote, whether the degree of support was sufficient to require negotiation on the terms of secession. If a referendum met those two criteria (according to Parliament), then a constitutional amendment requiring the consent of Parliament and the provinces would also have to be passed.

A few years later, former Parti Quebecois leader and Premier Jacques Parizeau told CTV News that the Clarity Act “meant nothing.” One reason for his remark was not just that Parliament had stacked the deck but that Quebec had passed its own law, one which emphasized the right of Quebec citizens to self-determination. Now, if push came to shove, one might expect Alberta to do the same.

The political distance dividing Alberta’s Sovereignty Act from Ottawa’s Clarity Act is huge. The one contemplates a restoration of federalism, the other an end to it. If Alberta is to remain strong and free, fortis et liber, as indicated on its coat of arms, Laurentians will have to change their attitude and their political culture. That is the challenge of political federalism today. Acknowledging that reality is the condition for making Canada a genuine federation in law. If not, it will take the more desperate remedy outlined in the Clarity Act to induce some sobriety into Laurentian consciousness.

Barry Cooper is a professor of political science at the University of Calgary. His latest books are Paleolithic Politics (2020) and, with Marco Navarro-Génie, COVID-19: The Story of a Pandemic Moral Panic (2020).

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Alberta

Pharmacist-led clinics improve access to health care: Lessons from Alberta

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News release from the Montreal Economic Institute

In Canada, 35 per cent of avoidable emergency room visits could be handled by pharmacists.

Emulating Alberta’s pharmacist-led clinic model could enhance access to primary care and help avoid unnecessary emergency room visits, according to a new study from the Montreal Economic Institute.

“Pharmacists know medication better than anyone else in our health systems,” explains Krystle Wittevrongel, senior public policy analyst and Alberta project lead at the MEI. “By unlocking their full potential in prescribing and substituting medications, Alberta’s pharmacist-led clinics have helped avoid tens of thousands of unnecessary emergency room visits.”

Pharmacists in Alberta have the largest prescribing authority in the country, including the ability to prescribe schedule one drugs with special training.

Unlike in Ontario and Manitoba, Alberta pharmacists are authorized to substitute prescribed medications, which can help address issues such as adverse reactions caused by interaction with other treatments.

The study explains that this can help reduce pressure on hospitals, as prescription-related issues account for more than 10 per cent of emergency room visits.

Alberta’s first pharmacist-led clinic, in Lethbridge, sees between 14,600 and 21,900 patients per year since opening in 2022.

It is expected that there will be 103 such clinics active in the province by the end of 2024.

The researcher also links the success of the pharmacist-led clinic model in Alberta to pharmacists’ expanded scope of practice in the province.

Among other things, Alberta pharmacists are able to order and interpret lab tests, unlike their counterparts in British Columbia, Ontario, and Newfoundland and Labrador.

A 2019 peer-reviewed study found that pharmacists could handle 35 per cent of avoidable emergency room visits in Canada.

“By enabling pharmacists to play a larger role in its health system, Alberta is redirecting minor cases from emergency rooms to more appropriate facilities,” said Wittevrongel. “Just imagine how much faster things could be if pharmacists could take care of 35 per cent of the unnecessary load placed on Canada’s emergency rooms.”

The MEI study is available here.

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The MEI is an independent public policy think tank with offices in Montreal and Calgary. Through its publications, media appearances, and advisory services to policy-makers, the MEI stimulates public policy debate and reforms based on sound economics and entrepreneurship. 

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