If the Alberta Sovereignty Act was disallowed, it would spark a constitutional crisis, instead of solving one. Learn more about disallowance
In recent weeks — and years — Canada has dealt with a number of provocative constitutional issues. In Quebec, the government has repeatedly invoked the notwithstanding clause to keep legislation that likely violates the Charter of Rights and Freedoms, most recently in the case of a French-language law and to bar public sector employees from wearing religious symbols.Sign up to receive the daily top stories from the National Post, a division of Postmedia Network Inc.
The basic premise, though, is that Alberta would pass legislation allowing provincial employees to ignore the enforcement or effects of any federal law, regulatory decision or court ruling that the provincial legislature feels conflicts with the province’s interests. Smith has said the government will still abide by Supreme Court rulings.Article content
Disallowance is still a hypothetical possibility, though not actually all that likely to be used, said Eric Adams, a constitutional law professor at the University of Alberta.Article content Alberta Justice Minister Tyler Shandro’s office said in a statement that if disallowance was used, it would “provoke a constitutional crisis.”Article content
It’s the same basic situation with disallowance. Using it would spark a constitutional crisis. It would take a constitutional crisis of overwhelming proportions — say, attempted unilateral secession — for such a power to be seen as a solution to the crisis and not a crisis itself.Article content “It would be much better if instead of the federal government having to weigh in and say, ‘You really shouldn’t do this, provincial governments,’ it should be Canadians saying, ‘Hold on a minute. You’re suspending my right to collective bargaining? You’re suspending fundamental rights and freedoms that are afforded to us in the Charter?’” he said.
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