Thread by @SkinnerLyle

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

https://twitter.com/CarrieTait/status/1598883554607632384

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

Another drafting error in 4(1) which states that there has to be a Minister responsible for an enactment. The Henry VIII powers do not apply to new laws. If there is an election, new laws cannot be passed ergo Cabinet can repeal the Spring election to "prevent harm"

The Constitutional life of a Legislature is 5 years not 4 so the repeal of a fixed election is entirely constitutional. I don't think the gov realizes how many loopholes there are in the Sovereignty Act.

Especially with no limitation on which acts can be unilaterally changed.

At the very minimum the bill should specify which acts are subject to or protected from the application of the Henry VIII clauses so not all Acts can be changed without the Assembly.

Even better: remove all Henry VIII clauses and simply introduce new bills as needed.

If the government had to introduce specific legislation to address perceived harm by a federal initiative, the constitutionality would likely be more open to challenge.

The Sovereign Act as written is a shell that leaves more constitutionally problematic matters to the Orders

Another way of saying it: the Alberta Legislature, like any province, presently has the power to pass unconstitutional laws. The Sovereignty Act transfers that power to Cabinet. Challenging the individual orders is a form of judicial wack a mole where the act itself is intact

If for some reason Cabinet views amendments to the Bee Act is necessary to protect Albertans from federal harm, it could make a series of changes at a rapid pace that would have the immediate force of law compared to the Assembly.

What type of Bee laws may cause harm to Albertans? The Alberta Legislature said that you need the written permission of EITHER the provincial Apiculturist or an official from the Canadian Food Inspection Agency.

A sovereign / united Alberta needs exclusive jurisdiction re Bee?

To protect Albertans against harm from the international importation of Bees, a Minister has motion to say "the federal initiative re Bees causes harm" (despite it being constitutional). Assembly votes yes. Now Cabinet has protected Albertans against federally regulated bees? No

Rather than the Assembly quickly passing a new act to remove references to Canadian Food Inspection Agency in the Bee Act (they cause harm), now Cabinet has the power to do the exact same thing except no one will know until after the order is made. Duplicative and Efficient.

So now Cabinet holds a special meeting to use its new powers to address the harm from federally regulated bees. Cabinet is satisfied it is in the public interest issue an order to direct the Minister of Agriculture and Irrigation to amend the Bee Act to remove the CFIA

But lets say during the same Cabinet meeting, this really doesn't fully address the mandate of the Assembly to protect Albertans from harm caused by federally regulated bees.

So they classify federally regulated bees as "problem bees" to have them and persons quarantined

But under the Canadian Constitution these bees are lawfully being brought into the country at a federal port of entry, Cabinet says "Albertans need to be protected from federally regulated bees" they order Sheriffs to set up bee checkpoints right outside ports of entry

The federal importation of bees causes harm to Albertans but is constitutional. So the feds challenge this in Court but since the Sovereignty Act itself doesn't really do anything so the federal government is challenging the Bee protection order.

Since the substance of the Sovereignty Act isn't being challenged, only the Order to direct a Minister to amend an Act and direct officials to do things, the Assembly passes a new motion stating references to fed law in the Animal Health Act causes harm and the cycle starts anew