Lyle Skinner Profile picture
Dec 1 6 tweets 2 min read
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?
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,

• • •

Missing some Tweet in this thread? You can try to force a refresh
 

Keep Current with Lyle Skinner

Lyle Skinner Profile picture

Stay in touch and get notified when new unrolls are available from this author!

Read all threads

This Thread may be Removed Anytime!

PDF

Twitter may remove this content at anytime! Save it as PDF for later use!

Try unrolling a thread yourself!

how to unroll video
  1. Follow @ThreadReaderApp to mention us!

  2. From a Twitter thread mention us with a keyword "unroll"
@threadreaderapp unroll

Practice here first or read more on our help page!

More from @SkinnerLyle

Dec 3
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 Image
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
Dec 1
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
Sep 3
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
Sep 1
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
May 10
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.

I discussed changes on my blog:
lyleskinner.blogspot.com/2022/04/sugges…
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.
Read 6 tweets
May 10
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
Read 9 tweets

Did Thread Reader help you today?

Support us! We are indie developers!


This site is made by just two indie developers on a laptop doing marketing, support and development! Read more about the story.

Become a Premium Member ($3/month or $30/year) and get exclusive features!

Become Premium

Don't want to be a Premium member but still want to support us?

Make a small donation by buying us coffee ($5) or help with server cost ($10)

Donate via Paypal

Or Donate anonymously using crypto!

Ethereum

0xfe58350B80634f60Fa6Dc149a72b4DFbc17D341E copy

Bitcoin

3ATGMxNzCUFzxpMCHL5sWSt4DVtS8UqXpi copy

Thank you for your support!

Follow Us on Twitter!

:(