Alberta
How will Alberta’s new Premier deal with Ottawa? These are the approaches of four leading candidates
No matter who wins the UCP Leadership race, you can count on a turbulent relationship with Ottawa. Albertans have long had issues with how the Liberal government stifles the critical Oil and Gas industry. Now Alberta’s farmers are finding out what that feels like, as the federal government is introducing measures to reduce the amount of nitrogen fertilizer they use.
To add to the level of animosity between the two governments, a growing number of Alberta UCP supporters are voicing dissatisfaction over Covid restrictions and mandates. This group is active politically, and seems to be rallying behind frontrunner Daniel Smith and likeminded Todd Loewen. The idea is to avoid future restrictions and mandates provincially, and stand up against any federal measures.
It’s no coincidence then, that the leading candidates in the UCP race all have strong platform initiatives to stand up to Ottawa. Here’s what they look like, beginning with Danielle Smith’s “Alberta Sovereignty Act.
Danielle Smith – Alberta Sovereignty Act
It is clear that my proposed Alberta Sovereignty Act has thus far been the central issue of the UCP leadership campaign. Tens of thousands of Albertans have embraced the idea of actually standing up to Ottawa’s attacks against us, rather than usual ineffective letter writing campaigns and complaining.
It’s been both exciting and heartwarming to see hope restored to so many in our Province, and I want them to know how much their faith and confidence in this initiative strengthen my personal resolve to see it through.
Unsurprisingly, many in the media and establishment do not support the Alberta Sovereignty Act and have turned to the tried and tested methods of fearmongering and disinformation to discredit the idea. Unfortunately, some of my fellow UCP candidates may have fallen into their trap.
My hope in releasing this FAQ sheet on the Alberta Sovereignty Act, is that more Albertans and MLAs will take a thoughtful look at this policy, and join the growing majority of Albertans who want to see us stand up to Ottawa, restore our constitutional rights, and take control of our future in this manner.
I am sincerely looking forward to implementing this critically important piece of legislation together.
– Danielle Smith
What is the Alberta Sovereignty Act?
A proposed provincial law that would affirm the authority of the Provincial Legislature to refuse enforcement of any Federal law or policy that violates the jurisdictional rights of Alberta under Sections 92 – 95 of the Constitution or that breaches the Charter Rights of Albertans.
How will it be used?
When the Federal Government institutes a law or policy that appears to violate the constitution or Charter, the Government of Alberta may introduce a Special Motion for a free vote of all MLAs in the Legislature. The Special Motion would include the following:
1. Identification of the Federal law or policy that it deems to be in violation of the Constitution
2. An Outline of the specific harms that violation of the Constitution imposes on the citizens of Alberta
3. Description of the specific actions the Province will take to refuse the enforcement of that Federal law or policy in Alberta
4. A Declaration that by authority of the Alberta Sovereignty Act and notwithstanding the specific Federal law or policy in question, it shall not be enforced by the Provincial Government within Alberta in the manner outlined by the Special Motion
5. Imposition a specific time frame (no more than 24 months) by which the Special Motion will be reviewed in the Legislature
Will a Premier or Governing Party be able to refuse enforcement of any Federal Law or Policy they don’t like?
No, the Alberta Sovereignty Act may not be used unless specifically authorized by way of a free vote of all elected MLAs in the Alberta Legislature, as explained above.
What examples of Federal Laws will the Alberta Sovereignty Act be applied to?
Examples could include:
– Federal mandatory vaccination policies – Charter violation
– Use of Emergencies Act to jail & freeze accounts of peaceful protesters – Charter violation
– Bill C-69 ‘No New Pipelines’ Law – found unconstitutional by Alberta Court of Appeal
– Mandatory cuts to fertilizer use by Alberta Farmers – violation of s.95
– Mandatory emissions and production cuts to Alberta energy projects – violation of s.92A
– Federal gun grabs – violation of s.92(13)
Is the Alberta Sovereignty Act about Separation from Canada?
No, the entire objective of the Alberta Sovereignty Act is to assert Alberta’s Constitutional Rights within Canada to the furthest extent possible by effectively governing itself as a Nation within a Nation, just as Quebec has done for decades and as Saskatchewan is also now considering.
If anything, the restoration of provincial rights and autonomy of every province from the destructive overreach of Ottawa is likely the only viable way for Canada to survive and flourish into the future. Ottawa’s “divide, control and conquer’ policies have Canada on a path of division and disunity. Alberta can and must lead on this issue going forward.
Is the Alberta Sovereignty Act illegal or does it run contrary to the rule of law?
No, just the opposite.
Over the last several years the Federal Government has triggered a constitutional crisis through repeated lawless attacks on provincial constitutional rights and the Charter.
The Trudeau Government has effectively imposed economic sanctions against Alberta (and parts of Saskatchewan and BC) that have resulted in economic chaos.
Hundreds of billions in investment and tax revenues, and hundreds of thousands of jobs, have been lost to these sanctions as investors around the world find it too risky to do business in Alberta’s energy industry. In fact, no new major development of our world class oil sands has been commenced in almost 20 years as a result.
The idea expressed by some UCP leadership candidates that the Alberta Sovereignty Act would “cause chaos” in the markets is naive in the extreme. The “chaos” is already here and has been caused by both Ottawa’s unlawful policies and an utter lack of provincial leadership on effectively pushing back against those attacks.
The fact is the Alberta Sovereignty Act reimposes constitutional rule of law on a lawless Ottawa by reaffirming the critical import of respecting the powers and jurisdiction of the Provinces under the Canadian Constitution.
Brian Jean – Autonomy For Albertans Act
I started with policies designed to change how Alberta reacts to the federal government and Canada. I want us to stop being defensive and go on the offensive. We have to stop covering up and we have to take the fight to Canada. The five sets of actions that will protect and enhance Alberta’s Autonomy Within Canada are:
These actions and this approach is very different than how Alberta has traditionally acted. This is very different from what the other leadership candidates are proposing. First this is about acting, about doing something. The “Alberta Sovereignty Act” proposal is purely defensive and reactive. Instead of saying to Canada “we won’t enforce your rules if you come after us,” I am saying that we need to take the initiative.
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My proposals are about taking ACTION and going on the offense. Danielle Smith proposes a purely defensive strategy that surrenders on past fights. Travis Toews has no strategy at all in this area — he wants to continue Jason Kenney’s practice of writing stern and meaningless letters whenever we get stepped on.
When we open the Constitution, we can deal with the issues of: pipelines and right-of-ways, access to tidewater, stopping provinces and the federal government from landlocking provinces, and democratic under-representation. Taking the fight to the rest of Canada is the way to actually get results and reverse the damage.
Passing an unconstitutional “Sovereignty Act” that only kicks in the next time we are punched doesn’t change anything. It will likely encourage Trudeau to hit Alberta harder.
Fighting the efforts of the World Economic Forum to change our society is something Alberta should have been doing all along.
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As is using the courts intelligently including as a way to get expert testimony into the record in important legal debates.
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Fighting back against the insults of Quebec and the federal government should have always been our policy. Instead under Jason Kenney we too often gave away things hoping that other provinces would return the favour. They did not.
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Finally, we should learn from Quebec and have our position in the world recognized by Canada. Alberta is an energy superpower and it should own Canada’s seat at the global table whenever energy issues are discussed.
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Rebecca Schulz – 100 DAY PROVINCIAL RIGHTS STRATEGY
A Schulz government would immediately start the 100 Day Provincial Rights Action Plan, with clear steps – and a timeline – to fight, negotiate, partner, and strengthen Alberta’s position with Confederation.
“No more letters, no more panels, and no more empty threats – Albertans want action and results when it comes to defending our rights in confederation and seeing our province reach its full potential.” – Rebecca Schulz
Within the first 10 days, a Schulz government will appoint a Deputy Premier and team with the primary focus to act as Alberta’s lead negotiators in strengthening Alberta’s position in Canada.
This will include:
- Presenting the federation with a package of common sense reforms on equalization, fiscal stabilization, and greater provincial control over programs through tax points
- Presenting the federation with a list of federal, provincial overlap in regulations/policy and begin negotiations on disentanglement
- Pursuing an Alberta Pension Plan, Alberta Employment Insurance and an Alberta Revenue Agency
Within the first 50 days, Schulz and the Deputy Premier would present a Provincial Rights
Framework, to identify every legal and constitutional measure possible to stand up against Ottawa’s continued attacks on provincial jurisdiction.
This will include:
- Calling for a Protecting Provincial Rights Summit to bring provinces to the table and identify every measure to stand up for jurisdictional rights against federal interference
- Continuing the fight against the Tanker Ban (C-48) and Trudeau’s No-More Pipelines legislation (C-69), alongside all 10 provinces
- Taking every proactive legal measure possible against Trudeau’s federal emissions and fertilizer caps.
Within the first 100 days, Schulz and the Deputy Premier would present a new Market Access Plan to create political and economic incentives for federal and provincial governments to negotiate with Alberta in good faith for improved trade and market access.
This will include:
- Identifying strategic actions to deter other provinces or levels of government from limiting Alberta’s market access and trade
- Developing criteria for when Alberta will Turn off the Taps through the Preserving Canada’s Economic Prosperity Act.
“You don’t need to spend weeks on the campaign trail to understand how frustrated Albertans are of being pushed around. The emissions and fertilizer caps are just two of the most recent examples of governments interfering with our provincial trade and prosperity. It’s about time Albertans were presented with a real plan to take action.” – Rebecca Schulz
Alberta
ASIRT investigations concluded on fatal officer-involved shooting involving the RCMP.
Incident investigation report from the Alberta Serious Incident Response Team (ASIRT)
Introduction
On December 22, 2022, the Alberta Serious Incident Response Team (ASIRT) was directed pursuant to s. 46.1 of the Police Act to investigate a then non-fatal Royal Canadian Mounted Police (RCMP) officer-involved shooting. The shooting of the affected person (AP) was reported to have happened during an interaction with him, as a result of him being a suspect in a complaint of a man with a gun.
While AP initially survived, he died of complications from the shooting the following day.
ASIRT’s Investigation
ASIRT’s investigation was comprehensive and thorough, conducted using current investigative protocols and principles relating to Major Case Management. Information from civilian witnesses, the subject and a witness officers, and importantly video recordings provided sufficient information to determine whether the force used by the subject officer during this incident was reasonable.
Circumstances Surrounding the Officer-Involved Shooting
On December 01, 2022, Maskwacis RCMP received a call reporting that a male [AP] had been drinking and left the caller’s house with a gun. AP was shooting the gun in the country (believed to be the area around the residence). Two RCMP officers responded.
Witness officer (WO) located AP walking on the road with a rifle. AP walked toward WO’s marked police vehicle with the rifle pointed at the vehicle/WO, while WO was seated in the driver’s seat. WO then exited his vehicle with his carbine rifle and moved to the rear of his vehicle while AP kept the rifle pointed at the police vehicle. The subject officer (SO) arrived on scene, but came from the opposite direction. AP turned around and walked toward SO with the barrel of the rifle pointed upwards. SO exited his police vehicle with his service pistol drawn and walked toward AP while he
repeatedly provided verbal direction to AP to drop the firearm. AP and SO were walking toward each other; at that time AP still had the barrel of the rifle pointed upward. As SO and AP got within approximately five meters of each other, AP lowered the barrel of the rifle and pointed it directly at SO. SO fired multiple rounds and struck AP with four rounds causing AP to stumble, drop the rifle and fall to the ground. AP initially survived the shooting and was transported to an Edmonton hospital, where he underwent emergency surgery. The following day, AP succumbed to his injuries.
Analysis
The subject officer was lawfully placed and acting in the execution of his duties in dealing with AP as a person who was the subject of a complaint about him being in possession of a firearm and shooting it off.
The Use of Force
Under s. 25 of the Criminal Code, police officers are permitted to use as much force as is necessary for the execution of their duties. Where this force is intended or is likely to cause death or grievous bodily harm, the officer must believe on reasonable grounds that the force is necessary for the self-preservation of the officer or preservation of anyone under that officer’s protection.
A police officer’s use of force is not to be assessed on a standard of perfection nor using the benefit of hindsight.
With the benefit of hindsight, time for detached reflection and knowledge of the ultimate outcome, it is easy to speculate about how things could have been done differently. That is not the standard, however, against which an officer’s conduct is measured. The question is, applying principles of proportionality, necessity, and reasonableness, whether the force used falls into a range of possible reasonable responses.
Proportionate Response
Proportionality requires balancing a use of force with the action to which it responds. Here, the subject officers were faced with an individual that was armed with a gun and pointing it in their direction. As such, the response by the subject officers in using their respective firearms to shoot AP was proportionate to the threat of death or grievous bodily harm that he reasonably posed to both of them.
Reasonably Necessary
As set out previously in this report, AP presented as a lethal threat to both SO and WO given his actions in pointing his rifle at them. While WO did not shoot during this incident that does not impact the analysis of SO’s actions. Under the circumstances as then faced by SO, no other use of force options were reasonably available for attempted use. The use by SO of his firearm to incapacitate this lethal threat was reasonably necessary. Given the above, the defence available to SO under s. 25 of the Criminal Code would apply.
Conclusion
Under s. 25 of the Criminal Code a police officer is justified in doing what he or she is authorized to do and to use as much force as is reasonably necessary where he or she has reasonable grounds to do so. Force intended to cause death or grievous bodily harm is justified if the officer believes, on reasonable grounds, that the force was necessary to prevent the death or grievous bodily harm of the officer and/or any other person. The analysis under s.34 of the Criminal Code leads to a similar finding that subject officer’s actions were lawfully permitted.
After a thorough, independent and objective investigation into the conduct of the subject officers, it is my opinion that they were lawfully placed and acting properly in the execution of their duties. There is no evidence to support any belief that any officer engaged in any unlawful or unreasonable conduct that would give rise to an offence. The force used was proportionate, necessary and reasonable in all the circumstances.
Alberta
Alberta requests more control over provincial immigration system
Alberta is requesting more control over its provincial immigration to address its skilled workforce shortage, including increasing Ukrainian evacuee participation in the job market.
Premier Danielle Smith has written a letter to Prime Minister Justin Trudeau asking him to re-evaluate his government’s decision limiting the number of allocations for Alberta’s provincial nominee program in 2024. Last week, the federal government informed the province it would only receive 9,750 such allotments – which is the same number of allocations Alberta received in 2023 and is less than the 10,140 for 2024 the federal government had originally allocated.
As of February 2024, Alberta accounts for just under 12 per cent of Canada’s population, but it leads the nation in net employment growth, with 42.8 per cent of the country’s employment gains between January and February 2024. By not providing the requested increase to Alberta’s provincial nominee allocations, the federal government is restricting the province’s ability to keep up with its growing labour market demands, especially as it relates to integrating Ukrainian evacuees into Alberta’s job market.
“Alberta is growing and that is good news. Since January 2023, more than 100,000 new jobs have been created in our province and our employment rate has led the country even longer. At the same time, we continue to experience labour shortages that could be resolved by welcoming skilled workers from around the world, including evacuees from Ukraine, many of whom have the exact skills that our job market most needs. Alberta has long been the economic engine of Canada and we are once again requesting Ottawa respect section 95 of the Constitution and let us welcome the skilled individuals we need into our province on our terms.”
With Alberta’s population growth at levels not seen in four decades, Alberta’s Provincial Nominee Program is best placed to address the province’s unique immigration and economic goals.
Part of Alberta’s population growth has resulted from Russia’s invasion in Ukraine on February 24, 2022. Since that time, Alberta has welcomed a significant number of Ukrainian evacuees to the province. While it is anticipated that many will return to Ukraine following the war, Alberta is also expecting a number of families to apply for permanent residency via the Alberta Advantage Immigration Program. An increase in the number of allocations from the federal government would assist these new Albertans to fill positions in the province’s workforce.
“Immigration is key to Alberta’s ability to address labour shortages and to grow our economy. This limitation imposed by the federal government on our provincial nominee program will be a very difficult pill to swallow, not only for businesses that need this skilled labour but also to the many Ukrainian evacuees who have the skills we need and wish to stay permanently in Alberta.”
Quick facts
- The federal government through Immigration, Refugees and Citizenship Canada sets provincial immigration nomination limits. It also approves all permanent resident applications.
- Alberta maximized its 9,750 nomination allocations in 2023, with a total of 10,029 nominations issued within the federal government administrative buffer.
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