Timothy Huyer Profile picture
Aug 23 17 tweets 6 min read
(🧵) A brief list of circumstances where provincial employees can do what @PremierScottMoe and @jeremycockrill accuse the federal government of not being allowed to do.

#skpoli #cdnpoli

1/

cbc.ca/news/canada/sa…
Under The Agricultural Operations Act, provincially appointed inspectors may enter any land and into any premises, other than a dwelling house, for the purposes of performing their responsibilities under that Act.
canlii.org/en/sk/laws/sta…
2/
Under The Animal Health Act, provincially appointed inspectors may enter any place, premises or conveyance and conduct an inspection for the purposes of the Act (other than a dwelling house).
canlii.org/en/sk/laws/sta…
3/
Under The Animal Products Act, provincially appointed inspectors may enter and search any places other than a dwelling for the purposes of the Act.
canlii.org/en/sk/laws/sta…
4/
Under The Animal Protection, 2018 Act, any animal protection officer may enter and inspect any vehicle, place or premises where animals are kept for specified purposes, other than a private dwelling, for the purposes set out in the Act.
canlii.org/en/sk/laws/sta…
5/
Under The Environmental Management and Protection, 2010 Act, an environmental officer may enter any area or place if the officer has reasonable grounds to believe that an activity governed by the Act is taking place, other than a private dwelling.
canlii.org/en/sk/laws/sta…
6/
Under The Mineral Resources, 1985 Act, public officials may enter on any lands to gather information respecting a mineral resource and may enter any premises, structures or work to make enquiries.
canlii.org/en/sk/laws/sta…
7/
Under The Natural Resources Act, an officer may enter at any reasonable time and inspect any place, including any premises or vehicle, in which the officer has reasonable grounds to believe there is anything to which the Act applies (other than private dwellings).

8/
Link for Natural Resources Act:
canlii.org/en/sk/laws/sta…
8.5/
Under The Fisheries (Saskatchewan) 2020, Act, a fishery officer may enter and inspect any place, including any premises or vehicle, in on which the officer has reasonable grounds to believe that there is fish, fishing gear or other thing to which the Act applies ...

9/
Or has reasonable ground to believe there is an aquatic invasive species in the place, or has reasonable grounds to believe there are any records required to be kept under the Act. Exclusion applies to private dwelling places.
canlii.org/en/sk/laws/sta…

9.5/
Under The Saskatchewan Employment Act, an occupational health officer may enter any premises, place of employment, worksite or vehicle and conduct an investigation for purposes of the Act, other than a private dwelling.
canlii.org/en/sk/laws/sta…
10/
I think you get the idea. This is *NOT* an exhaustive list, although it does identify some of the main statutes which give provincial officials a right or authority to enter a very broad range of private property.

11/
In all of these cases, the provincial officials are not required to request access first, nor do they need a warrant, except for private dwelling homes. To be sure, the officials can always choose to identify themselves and request permission, but they are not required to.

12/
Because all of these officials have a statutory right to enter the property, they are not committing a trespass under The Trespass to Property Act (or under common law), as they have a right or authority under law.

13/
If @PremierScottMoe and @jeremycockrill are concerned about federal employees entering private property under a federal law, perhaps they should consider repealing the large number of provisions in Saskatchewan laws that authorize provincial employees to do the same thing.

14/
Or perhaps they could instead act like the responsible ministers of the Crown they are supposed to be and recognize that there are very legitimate reasons why public officials must be able to do inspections in order to protect health, safety and the environment.

15/15

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More from @tim4hire

Aug 23
As a nuance to this thread, I would just say that it is unfortunate that the PM is speaking about the business case for a LNG facility on the east coast at all. It should be up to the private sector proponent(s) for such a project to make a business case (to their backers).

1/6
The federal government can, and perhaps should, say whether or not it would financially support an LNG facility on the east coast. But the default should always be against subsidies. If there is a compelling reason for one in this case, I haven't seen it. Plus:

2/6
There are likely reasons why there are very few LNG proposals, especially on our east coast. First, it would depend on expectations for what natural gas prices will be in Europe relative to North America over many years. Do you know what demand and supply will be in 2040?

3/6
Read 6 tweets
Aug 23
By unpopular demand, a 🧵on all of this anti-federal government populism, such as the Alberta Sovereignty Act ("ASA") and @PremierScottMoe's pandering to uninformed alarmists.

1/14
As far as I can tell from @ABDanielleSmith's statements, the ASA would let Alberta not enforce any federal laws that the Legislature decides is an over-reach of jurisdiction. It wouldn't invalidate the laws, just follow precedents in other provinces of not enforcing them.

2/14
This at least recognizes that one level of government doesn't get to decide if the other level of government's laws are unconstitutional (or at least that provinces can't do this). This is the role of the courts, and courts can and do declare federal laws unconstitutional.

3/14
Read 15 tweets
Aug 23
As someone trying to drive less and bicycle more, the lack of separated and protected cycling lanes makes the transition much harder. To be effective, infrastructure must be connected, accessible and apparent.

1/
In the car, it is relatively easy for me to find the most efficient way to get to a destination. The network of major roads provides a relatively fast and simple way to get to the right neighbourhood. I rarely have to use side streets or other less-travelled routes.

2/
On my bike, though, I have to try to figure out where there may be cycling infrastructure that can let me travel safely. Often, this requires significant effort and there are not always clear maps/guides on the best route. I don't always have the time/effort to plan.

3/
Read 10 tweets
Aug 1
You have to read towards the end of the article to note certain interesting facts.

First, that the federal government is not talking about forcing farmers to use less nitrogen.
bloomberg.com/news/articles/… via @business

1/4
Second, that many farmers are already looking to reduce the amount of nitrogen fertilizer they use in response to the rising costs of that fertilizer (price rise due to market pressures, not government action).

2/4
Third, that some farmers have demonstrated that they can make significant (20%) cuts in fertilizer use with no material reduction in yields. Moreover, the investment required to do so can have very rapid payoffs (<3 years).

3/4
Read 4 tweets
Aug 1
I have no doubts that Dr Hinshaw worked exceptionally long and stressful hours during the pandemic. I also believe that even senior officials should not be expected to work overtime as a matter of course, especially unpaid overtime. OTOH …

#ableg #abpoli
1/
At the same time the Government of Alberta was giving Dr Hinshaw compensation much larger than other CMOHs were earning, the Province was fighting to lower the compensation of other healthcare workers who were being pushed past their limits managing the pandemic.

2/
This unusually high compensation/bonus also came at a time when Dr Hinshaw had, according to materials filed at court, allowed the Government to usurp her power to make decisions regarding protecting public health.

3/
Read 7 tweets
Jul 30
Even assuming the provincial election is delayed to 2024, I cannot see any of these things happening before Albertans get to vote on it. Even if government suddenly started doing things much faster, the timeline is too short.

#ableg #abpoli

1/
For an Alberta Pension Plan, it is not possible at all. In order to set it up, the Province has to give two year’s notice to the federal government. Alberta doesn’t control that.

2/
For a provincial police force, the Province would need to establish the force, staff it up, acquire equipment, etc. *Maybe* an agreement could be reached where RCMP constables transition to the provincial police along with RCMP buildings, cars and equipment.

3/
Read 12 tweets

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