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Constitutional questions: UCP ministers say proposed Sovereignty Act won't violate the law

Constitutional questions: UCP ministers say proposed Sovereignty Act won't violate the law

CTV
Thursday, December 01, 2022 09:51:33 PM UTC

Some of the Alberta Sovereignty Act's former critics are now defending it, as questions about its constitutionality continue to swirl.

Some of the Alberta Sovereignty Act's former critics are now defending it, as questions about its constitutionality continue to swirl.

"We have taken advice of legal experts and lawyers - that was one of the key questions we all had," said Rajan Sawhney, Alberta's minister of trade, immigration and multiculturalism and former UCP leadership rival to Premier Danielle Smith.

"We didn't want anything on the floor that was deemed unconstitutional, we wanted to make sure the rule of law was held, that is what fundamental democracies are based on."

The act, introduced in the legislature on Tuesday, could ultimately give the provincial government the right to direct its various arms not to enforce federal rules if they're deemed to be "harmful to Albertans."  

While this could include things such as energy, education and healthcare, many are concerned it could also be expanded to ignore federal laws.

Critics say the province is attempting to ignore the constitution and the courts, which have the final say on the rule of law.

Brian Jean, another former rival-turned-supporter of Smith, says if the federal government doesn't want a fight with Alberta, it shouldn't start one.

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