‘This is an area where our two provinces may be able to coordinate an approach,’ writes Alberta’s premier
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OTTAWA — Alberta Premier Danielle Smith has invited Quebec counterpart François Legault to form a common front for greater provincial autonomy within Canada, in a letter obtained by the National Post.
“I see an opportunity before us, as the democratically elected leaders of Alberta and Quebec, to chart a path toward a new era in Canadian federalism,” writes Smith in the letter, dated March 21.
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Smith says in the letter that she agrees in principle with several of the recommendations listed in the final report of the Advisory Committee on Constitutional Issues in Quebec within the Canadian Federation, an initiative of the Quebec government released in November.
As a “starting point for discussion and collaboration,” Smith provided brief comments on nine of the panel’s recommendations, including a call to develop a special deliberation mechanism for legislative bills that include the notwithstanding clause, to dissuade court challenges.
“Elected legislatures — not federally appointed judges — should have the final word on the scope of rights subject to a parliamentary sovereignty clause,” wrote Smith.
“This is an area where our two provinces may be able to coordinate an approach that demonstrates the serious deliberation that is undertaken when invoking a parliamentary sovereignty clause.”
Alberta is one of several provinces that has given notice of intervention for the upcoming Supreme Court challenge of Bill 21, Quebec’s contentious secularism law.
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A spokesperson for Alberta Minister of Justice Mickey Amery, said that Alberta is intervening to help protect the integrity of Canada’s Charter of Rights and Freedoms as it relates to the provinces.
“This case will set a precedent for the court’s interpretation and application of the Notwithstanding Clause which is why Alberta’s government is intervening to ensure that this constitutional bargain is respected and the ability of the legislature to invoke the Notwithstanding Clause in appropriate cases is preserved,” said Amery press secretary Heather Jenkins in an email.
Smith also wrote in the letter that she’s interested in collaborating with Quebec on future court challenges to Ottawa’s use of federal spending power to encroach on provincial terrain.
As next steps, Smith proposed an initial one-on-one conversation with Legault, followed by “a jointly authored letter” inviting the other first ministers to a multilateral discussion of ways to “enhance provincial autonomy within the federation.”
Premier Legault’s office said in an email that Smith’s letter was well-received, but added that the premier needed time to think over her invitation.
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“We thank the Premier of Alberta for her letter and the discussion points she raised. We will, of course, take the time to review them,” said a spokesperson.
“Quebec always welcomes the fact that other Canadian provinces advocate for greater provincial autonomy within the federation. We remain open to discussions with our partners and other governments to strengthen the federal government’s respect for provincial jurisdictions.”
Legault’s office also said the premier appreciates Smith having his back in the upcoming Supreme Court challenge of Bill 21.
“We welcome this decision by the Alberta government. Like Quebec, Alberta is calling for respect of jurisdictional boundaries.”
“The federal government has no business interfering with Quebec’s ability to make its own choices and the tools it uses … to preserve its autonomy. Quebec government will fight to the very end to defend Bill 21.”
Smith put out a list of demands relating to Alberta’s energy sector shortly before the federal election call and has said she’ll form a second Fair Deal Panel if the next prime minister doesn’t agree to meet these demands.
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Smith has said that, depending on the feedback it receives from Albertans, the panel could be the first step toward a new referendum on Alberta’s future in the federation.
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