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Alberta

Group behind the Alberta Sovereignty Act pleased with Province’s strategy

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7 minute read

Submitted by Free Alberta Strategy

The Alberta Sovereignty Within A United Canada Act – the new full name for the Sovereignty Act – was introduced to the Alberta Legislature on Tuesday.

Now that we’ve had a short while to digest it, we’re confident in saying that when it comes to protecting the interests of Alberta on the national stage, the Act is right on the money.

The Sovereignty Act, in practicality, is just a procedural bill – more or less just a framework for a free vote in the Legislature. It allows for a Cabinet Minister to introduce a motion about a “federal initiative” that the Minister believes to be unconstitutional on the basis of intruding into an area of provincial constitutional jurisdiction, or is otherwise harmful to Albertans, such as by violating Albertans’ rights and freedoms under the Charter of Rights and Freedoms.

The resolution would identify not only the “federal initiative” that is being addressed, but also specific “measures” that the government may use to push back.

The motion would then be debated on the floor of the Legislature, followed by a free vote of MLAs and – if the majority vote is in favour – the passage of the motion.

At this point, Cabinet is then tasked with implementing the specific “measures” identified in the motion.

The usual suspects have continued to claim that it’s unconstitutional for Alberta to insist that the federal government follow the constitution, and to refuse to help them enforce their laws when they don’t.

This was always a strange argument, but even more so now, given the bill explicitly says, right near the start:

 

Nothing in this Act is to be construed as (a) authorizing any order that would be contrary to the Constitution of Canada.

 

Some, however, have now finally come to understand the Strategy.

Take the National Post’s Carson Jerema, for example, who – just a few months ago – was attacking the Sovereignty Act.

Yesterday, he got behind it, in a piece entitled: “Surprise, Danielle Smith’s sovereignty act is very likely constitutional“…

 

This is hardly the Constitution-breaking plan, which Smith’s critics, myself included, warned about during her campaign for the UCP leadership. The characterization of the sovereignty act as a threat to the rule of law, which some critics are still expounding, is simply wrong. Jesse Hartery, a Toronto lawyer with expertise in federalism, says he has been frustrated by the debate around the sovereignty act because the proposal, as currently written “appears to be constitutional,” based on existing law.

“One government can seek assistance from the other, can co-operate with the other, but they can’t require the other to implement and enforce their laws,” he told me by phone Wednesday morning. “So the (Supreme) Court has never endorsed that, and in fact, there’s decisions where the court says: there’s no positive obligation on a province or the federal government to co-operate with the other.”

 

Of course, for those of you who’ve been following our work for a while, it’s not at all a surprise that the Sovereignty Act is constitutional!

It’s not a surprise to us, because this has been our argument for over a year – one that we’ve repeatedly explained in these emails, on social media, on traditional media, in virtual town halls, physical events, and more.

Provinces have always had the right to refuse to endorse federal laws, and to do so is not contrary to the Constitution of Canada.

The reality is that the attacks are nothing but political theatre from a group of politicians and critics that have been missing the mark on western alienation for years now.

We’ve seen how far the federal government is willing to go to impose their Laurentian views on the rest of the country. They’ve made a mockery of the political system over the past eight years, launching an all-out war on our energy industry that has landlocked our resources and destroyed our livelihoods. We all remember the dark days when unemployment was the highest in the country, debts were coming due, and suicide rates were high. None of us want to relive that.

The Sovereignty Act is absolutely necessary, and the fact that the Sovereignty Act is Bill 1 demonstrates that this new government has put standing up to federal overreach at the top of the priority list.

Its introduction has already caught the attention of the federal government, with Prime Minister Justin Trudeau saying that he isn’t “looking for a fight,” over the Sovereignty Act.

In his comments, there appears to be some awareness that bringing the hammer down on Alberta over this legislation would create potential issues in Quebec and Saskatchewan, with both provincial governments undoubtedly monitoring the situation in Edmonton closely.

The Alberta Sovereignty Within A United Canada Act has a purpose – to give Alberta a tool to protect against federal intrusions into provincial affairs. In passing this Bill, it appears that Premier Danielle Smith and her team hit all the right notes.

*****

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Alberta

ASIRT investigations concluded on fatal officer-involved shooting involving the RCMP.

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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.

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Alberta

Alberta requests more control over provincial immigration system

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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.”

Danielle Smith, Premier

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.”

Muhammad Yaseen, Minister of Immigration and Multiculturalism

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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