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I was recently #BlockedByDanielleSmith but it doesn't matter because her political career is effectively over after this next election. A "Conservative" that can't win in #YYC can't win the province. Just too damned extreme for the business class. #abpoli
And before all the inevitable "don't get complacent" replies I'll say the same thing for Smith as I did for Poilievre: #abpoli #cdnpoli
(🧵) As we have been provided more information, I am now able to provide a more fulsome response, including my own FAQ to the Alberta Sovereignty Act.
#ableg #abpoli #ucpldr
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#ableg #abpoli #ucpldr
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Overview: many people with knowledge of constitutional law, including law professors, have raised concerns that the ASA will be unconstitutional. My hope is that Ms Smith's overview will take a thoughtful look at those criticisms and join the growing number opposed to it.
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What is the ASA?
A proposed law that would usurp the role of the independent judiciary and undermine rule of law, which is fundamental to democracy.
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A proposed law that would usurp the role of the independent judiciary and undermine rule of law, which is fundamental to democracy.
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Gentle reminder that courts can, among other things, order an interlocutory stay on the application of a law/measure. In other words, a law would not operate until the courts have determined if it is valid. So, @ABDanielleSmith's examples are wrong.
#ableg #abpoli #ucpldr
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#ableg #abpoli #ucpldr
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Under option 2, the Province, after filing its initial court application challenging the federal law/measure, could file a motion for the interlocutory stay. This would be heard and decided very quickly (usually within a few weeks of the initial court application).
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Courts do not, of course, automatically grant stays; they decide based on how well the facts meet the legal test for one. But this example creates a compellng case for a stay being granted as, in the absence of one, the litigation would become moot before it is decided.
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