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Lyle Skinner Profile picture
@SkinnerLyle
Sep 22, 2021 • 5 tweets • 2 min read • Read on X
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In 1918, after NB Minister of Health ordered the closure of places of worship to limit the spread of the Spanish Flu, the Baptist Churches in Westmorland endorsed him for safeguarding public health and stated that the order was "no interference" in the exercise of worship #nbpoli Image
Minister Roberts thanking them for their view stating it is the correct one to take respecting "the health & lives of the people".

He regretted that some churches did not share this opinion but is pleased there are some who will stand up and take the part to do what is right Image
The pandemic of 1918 was incredibly hard on people. Here Minister Roberts issues a reminder that no public funerals were to occur to in order to lessen "the ill results from Influenza". Roberts received many correspondence asking for exemptions. Image
In 1920, St Joseph's Rectory viewed that the several places of ill repute were the source of the outbreak not the only church in Minto. Clearly frustrated, they asked that prior to closing places of worship first that the Minister close places of "public vice" & blamed foreigners Image
The actual order issued by the Minister of Health shutting down NB in 1918 Image

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More from @SkinnerLyle

Lyle Skinner Profile picture
Jan 31
This is a very unusual approach & it is unclear exactly what the reference question will be.

Legislative issues except for offences under the Act, can be addressed retroactively by passing a new law.

The usual remedy is to recall the Legislature. What is the issue? /N #nbpoli
Legal retroactivity although allowed in most circumstances starts to violate the rule of law because you are changing the law for actions in the past. There is a presumption that law operates on a go forward basis.
I don't see why Cabinet would send a reference question to the Courts whether the Judicial or Executive Branches can fix a situation where there is no law. That is clearly for the Legislature.

The Courts do not have inherent jurisdiction to correct the absence of a law
Read 18 tweets
Lyle Skinner Profile picture
Dec 3, 2022
The fact that the Sovereignty Act accidentally gives Cabinet unlimited power to amend any law highlights why Cabinet should not have such powers.

Any errors in orders issued via the sovereignty act will only be noticed after they have the force of law. #abpoli #ableg #cdnlaw
A big error: 4(1)(a)(i) gives Cabinet the power to amend or suspend any law (act or reg) without the Assembly if it deems it in the public interest to prevent harm to Albertans

Cabinet can repeal the fixed elections law or amend the sovereignty act, if it is necessary #abpoli
Recall that it is a Minister who introduces an authorizing motion before the Assembly. The motion can simply say "that Cabinet protect Albertans against all harm that may occur from any federal initiative"

There is no legal requirement for a free vote. It could be whipped
Read 17 tweets
Lyle Skinner Profile picture
Dec 1, 2022
The Sovereignty Act contains obvious drafting errors like accidently giving Cabinet nearly unlimited power.

Giving Cabinet these powers means no public scrutiny in the Legislature to correct drafting errors before they are law.

#ableg #abpoli #cdnlaw
Specifically any directive by Cabinet to direct a Minister to change a law is only public AFTER the fact (within 30 days).

However, this is separate from the Minister actually changing the law.

Public scrutiny of any drafting errors will only occur AFTER the law is in force. Image
Basically, if the Soveriegnty Act accidentally contains errors which give Cabinet nearly unlimited power, doesn't this highlight the importance of the Legislature to slow things down, to avoid flaws occuring via Cabinet decree?
Read 6 tweets
Lyle Skinner Profile picture
Dec 1, 2022
There are presently no limits to which acts Cabinet can suspend or amend without the Assembly. If Cabinet concludes it is in the public interest to prevent harm due to a federal initiative, they could amend the Sovereignty Act to remove any limitations on powers #abpoli
Notwithstanding the obvious constitutional issues surrounding federalism, the act as presently drafted can allow a cabinet to amend the Sovereignty Act itself to give itself even more powers which is quite a loophole.
At the basic minimum there should be an amendment to state there are certain acts that cannot be touched by the sovereignty act.

Further I don't understand why cabinet needs emergency powers to amend the Bee Act without the approval of the Legislature.
Read 6 tweets
Lyle Skinner Profile picture
Sep 3, 2022
The last time a Lieutenant Governor unilaterally vetoed a bill occurred on April 19 1945 in PEI.

This was over a bill to allow physicians to prescribe a 6 month supply of alcohol. The @PEIGuardian reported LG Lepage was lobbied by Temperance Federation #peipoli #cdnpoli
PEI LG LePage stated to the Temperance Federation a few days prior to his witholding of Assent to that he was a staunch prohibitionist all his life and was concerned about the bill. He refused to state whether he would veto the bill.

Conveniently the group had a legal opinion!
The logic of the federation was that since the bill to relax prohibited laws was not approved by the people (referendum?) they were calling on the LG to veto the bill as a matter of fairness #peipoli
Read 17 tweets
Lyle Skinner Profile picture
Sep 1, 2022
Scenarios👑:
1)LG independently refusing to grant Royal Assent
2)Reserving a bill for Assent by the GG either on federal instruction or independently. GG has 1 year to proclaim the bill into law (likely fed Minister of Justice advising)
3) Disallowance by federal decree #abpoli
Disallowance is declaring inoperative a law that is currently in force whereas reservation holds that a law is inoperative unless assented to by the GG

Fed Cabinet has 1 year to disallow. It takes effect when the LG issues a proclamation or by message to the Assembly
The Constitution Act, 1867 is somewhat confusing when it comes to the written texts of the powers. They are found under s.90. This is a catch all section that makes changes to apply the provisions relating to the GG to provincial constitutions with a 2 year window becoming 1. Image
Read 10 tweets

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