Alberta has passed a controversial “sovereignty act” that could allow the province to ignore federal laws, setting the stage for a combative relationship with the Canadian prime minister, Justin Trudeau, and tense relations with Indigenous leaders.
Shortly after midnight on Thursday, the governing United Conservative party passed Bill 1, the Alberta Sovereignty Within a United Canada Act, after weeks of criticism over the proposed law – and only after stripping away a contentious provision that would have allowed the provincial cabinet the power to bypass the legislature and rewrite laws.
Following passage of the bill, Alberta’s premier, Danielle Smith, who took power earlier this year after Jason Kenney resigned, said the law would allow the province to reset its relationship with Justin Trudeau’s federal government.
“It’s not like Ottawa is a national government,” said Smith. “The way our country works is that we are a federation of sovereign, independent jurisdictions. They are one of those signatories to the constitution and the rest of us, as signatories to the constitution, have a right to exercise our sovereign powers in our own areas of jurisdiction.”
The bill sets the stage for Alberta to possibly ignore federal laws or regulations if it determines those laws are harmful to the province’s interest or if deemed a constitutional overreach.
Critics of the bill, including constitutional scholars, have previously warned that a law that directs provincial bodies such as schools, municipalities and city police to disregard federal laws will open the door to a wave of court challenges and is probably unconstitutional.
The province’s lieutenant governor, Salma Lakhani, had previously said she needed to carefully review the bill before granting assent, and would act as a “constitutional fire extinguisher” if needed.
Smith has also faced criticism from within her own party on the law, which conservatives worry will scare off investors and businesses.
The New Democratic party leader, Rachel Notley, condemned the bill as “horrible, anti-democratic legislation” and pledged to scrap it if her party wins the provincial election in May.
Indigenous leaders have also criticized Alberta’s legislation, as well as a similar bill that recently passed in Saskatchewan.
“We will not stand idly by. We will not allow it to happen,” the national chief of the Assembly of First Nations, RoseAnne Archibald, said on Wednesday.
The Federation of Sovereign Indigenous Nations, Treaty Six and Treaty Seven chiefs say the “sovereignty act” infringes on their treaty rights and that any amendments to the bill aren’t enough for them to support the law.
Rick Wilson, Alberta’s Indigenous relations minister, told reporters that the new law respects treaty rights, but that the term “sovereignty” had caused confusion among Indigenous leaders.
“In fairness, there’s not a lot of clarification around what that means. Should we have done more consultation? Absolutely,” he said.
Trudeau has previously declined to comment on the content of the bill, telling reporters his government isn’t “looking for a fight” with Smith.
“I’m not going to take anything off the table, but I’m also not looking for a fight. We want to continue to be there to deliver for Albertans,” he said. “My focus is always going to be constructive in terms of delivering for people right across the country.”
