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.
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?
During the Pandemic, New Brunswick entered a phase where they governed by Ministerial decree and almost accidently gave police the power to enter into your house without a warrant to make sure your Grandma was not attending thanksgiving dinner contrary to covid rules
Drafters in Public Safety forgot to exempt "Dwelling Houses" the one time they published a preliminary order. They corrected it after I raised concerns with less than 12 hours before it took effect.
This New Brunswick experience highlights that a vague law is a friend to no one. It's not helpful to Citizens who should know what exactly their obligations are. And it's not helpful either to officials who are trying to do their job,
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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
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.
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
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.
The New Brunswick Minister of Health tabled significant changes to the Public Health Act today.
These may appear minor but they provide legislative adjustments so New Brunswick no longer has to resort to using a State of Emergency in a subsequent wave of COVID. #nbpoli#cdnlaw
At first glance, these amendments address several concerns I identified with the current Public Health Act: unclear roles, unclear class orders, allowing closure of premises related to notifiable diseases, increasing fines.
In any legislation there will always be room for improvement. Let me be clear at first glance full credit to Public Health and the Office of the Attorney General.
Bill 104 provides a proper legal framework for New Brunswick to respond to pandemics.
A neat procedural / consitutional update: The NB LG transmitted a message to the Assembly that Bill 99, an Act to amend the Electricity Act receives a Royal Recomendation per section 90 of the Constitution Act, 1867 #nbpoli
S.90 of the Constitution Act, 1867 is a restatement in Provincial Constitutions of the requirement that any monies appropriating revenue from the Consolidated Revenue Fund must be recommended by the Lieutenant Governor. This is a key feature of Responsible Government /2
S.54 of the Constitution Act, 1867 indicates that there is a requirement for the GG (LG) to recommend the appropriation of public monies form the Consolidated Revenue Fund. Why? /3