(🧵) 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
1/10
#ableg #abpoli #ucpldr
1/10
https://twitter.com/ABDanielleSmith/status/1567218537428832256
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.
2/10
2/10
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.
3/10
A proposed law that would usurp the role of the independent judiciary and undermine rule of law, which is fundamental to democracy.
3/10
Is the ASA about separation from Canada?
No. It is about separation from reality. The entire objective of the ASA is to ignore the separate and independent role of the judiciary and to try to unconstitutionally exercise its powers.
4/ 10
No. It is about separation from reality. The entire objective of the ASA is to ignore the separate and independent role of the judiciary and to try to unconstitutionally exercise its powers.
4/ 10
How would the ASA work?
Politicians would seek to bypass courts whenever they decide that it would be politically advantageous to do so. They would gussy their unconstitutional actions up in a "special motion" to make it look official.
5/10
Politicians would seek to bypass courts whenever they decide that it would be politically advantageous to do so. They would gussy their unconstitutional actions up in a "special motion" to make it look official.
5/10
What examples of federal laws will be targeted by the ASA?
I say, what if there were no hypothetical questions?
But let's consider the wonky examples in turn:
6/10
I say, what if there were no hypothetical questions?
But let's consider the wonky examples in turn:
6/10
Mandatory vaccination for in-person schooling:
AFAIK, neither the federal government nor any province has mentioned this option. But an attempt to do so could be challenged in court, including a motion for an interlocutory stay of the requirement until a final decision.
6a/10
AFAIK, neither the federal government nor any province has mentioned this option. But an attempt to do so could be challenged in court, including a motion for an interlocutory stay of the requirement until a final decision.
6a/10
Federal vaccination policies involving provincial enforcement:
In order for the Contraventions Act to allow use of tickets instead of relying solely on criminal offences, Alberta would need to agree; it has not done so. No ASA is required.
6b/10
In order for the Contraventions Act to allow use of tickets instead of relying solely on criminal offences, Alberta would need to agree; it has not done so. No ASA is required.
6b/10
Use of Emergencies Act to freeze accounts.
Not convinced that financial service providers would want to risk being prosecuted federally, regardless of the ASA. Ms Smith asserts the measure violates the Charter, but this has not been shown.
6c/10
Not convinced that financial service providers would want to risk being prosecuted federally, regardless of the ASA. Ms Smith asserts the measure violates the Charter, but this has not been shown.
6c/10
Authorizing projects awaiting federal Impact Assessment Act approval:
Not convinced that project proponents would want to risk being prosecuted federally, regardless of the ASA. Not sure how this would work for projects that extend beyond Alberta's borders.
6d/10
Not convinced that project proponents would want to risk being prosecuted federally, regardless of the ASA. Not sure how this would work for projects that extend beyond Alberta's borders.
6d/10
Mandatory cuts to fertilizer use.
Not what is being proposed, but noting that it is now settled law that regulating GHG emissions can fall under federal jurisdiction, so the claims of a s. 95 violation are wrong.
6e/10
Not what is being proposed, but noting that it is now settled law that regulating GHG emissions can fall under federal jurisdiction, so the claims of a s. 95 violation are wrong.
6e/10
Mandatory emissions/production cuts to energy companies.
Noting that it is now settled law that regulating GHG emissions can fall under federal jurisdiction, so the claims of a s. 92A violation are wrong.
6f/10
Noting that it is now settled law that regulating GHG emissions can fall under federal jurisdiction, so the claims of a s. 92A violation are wrong.
6f/10
Mandatory cuts to electricity generation and use from fossil fuels as recently announced.
Regulating GHG emissions can fall under federal jurisdiction, so claims of s. 92A/Charter violations are wrong. No one is speaking of cutting electricity generation generally.
6g/10
Regulating GHG emissions can fall under federal jurisdiction, so claims of s. 92A/Charter violations are wrong. No one is speaking of cutting electricity generation generally.
6g/10
Provincial takeover of firearms licensing.
It is settled law that there is federal jurisdiction over firearms, including licensing, so claims of s. 92(13) violations are wrong. Not convinced people will want to risk being federally prosecuted by not licensing federally.
6h/10
It is settled law that there is federal jurisdiction over firearms, including licensing, so claims of s. 92(13) violations are wrong. Not convinced people will want to risk being federally prosecuted by not licensing federally.
6h/10
Federal censorship of Alberta or independent media
Courts can provide a Charter remedy if there is one, including by giving an interlocutory stay until a decision is reached. Broadcasting is federal jurisdiction.
6i/10
Courts can provide a Charter remedy if there is one, including by giving an interlocutory stay until a decision is reached. Broadcasting is federal jurisdiction.
6i/10
Mandatory participation for purposes of federal digital identification program.
Courts can provide a Charter remedy if there is one to this conspiracy theory. Federal support for a digital ID might happen at some point, but most IDs are provincial and voluntary.
6j/10
Courts can provide a Charter remedy if there is one to this conspiracy theory. Federal support for a digital ID might happen at some point, but most IDs are provincial and voluntary.
6j/10
Will a provincial government be able to refuse enforcement of any federal law they don't like?
No, because the ASA is unconstitutional.
7/10
No, because the ASA is unconstitutional.
7/10
Is the ASA constitutional?
No. It purports to do what is within the exclusive jurisdiction of an independent judiciary. Courts decide if federal measures are constitutional, and they can stay the operation of those measures until they can issue judgment.
8/10
No. It purports to do what is within the exclusive jurisdiction of an independent judiciary. Courts decide if federal measures are constitutional, and they can stay the operation of those measures until they can issue judgment.
8/10
Would the ASA cause economic chaos?
Yes. People investing large amounts of capital seek to avoid risks, and undermining rule of law creates risk. Instead of investing where two governments are contradicting each other, capital will go to other parts of Canada.
9/10
Yes. People investing large amounts of capital seek to avoid risks, and undermining rule of law creates risk. Instead of investing where two governments are contradicting each other, capital will go to other parts of Canada.
9/10
Would the ASA be able to effectively oppose all federal legislation that Alberta doesn't like?
No. In fact, it won't be able to effectively oppose any federal legislation.
10/10
No. In fact, it won't be able to effectively oppose any federal legislation.
10/10
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