Using the Sovereignty within a United Canada Act
On Nov. 29, after Bill 1 was introduced, questions were raised about the extent to which the act will authorize cabinet to amend legislation.
Cabinet is only authorized to amend existing legislation as specifically outlined in a resolution brought under the act. The resolution, including any amendments to legislation, must first be introduced, debated, voted on and passed by the legislative assembly.
In no way does the Sovereignty within a United Canada Act permit cabinet to unilaterally amend legislation without those amendments being first authorized by the legislative assembly. If there is any dispute as to whether or not cabinet amended legislation outside of the specific recommendations contained in the resolution, including any amendments by the legislative assembly to the resolution, such actions would still be subject to both judicial review as well as review by the legislative assembly itself.
The rationale for this process is simply to allow the legislative assembly a tool to act swiftly and efficiently in protecting Albertans from federal initiatives that violate the constitutional or charter rights of Albertans or which otherwise harm the interests of Albertans.
The following is a technical explanation from the Ministry of Justice as it relates to this matter:
“The [cabinet] authorities under Section 4 only become applicable once the conditions in Section 3 have been met [passage of a resolution by the legislative assembly].
“Under Section 3, on the motion of a minister, a resolution will be debated in the legislature and, if passed, will make recommendations to cabinet on the actions that should be taken in response to the unconstitutional actions of the federal government or to address the harm inflicted on Albertans. If that happens, then the authorities under Section 4 can be used, but only to the extent they are necessary or advisable to carry out the measures recommended in the motion.
“It is important to note that the resolution will specify the recommended actions. It is the recommendations and the content of the resolution as passed that will determine the extent to which cabinet will be able to exercise its authorities under Section 4 to amend legislation or pass other orders in council. While Section 4 provides the necessary authority for cabinet to amend legislation once a resolution is passed, that authority can only be exercised if the scope of the recommendations of the resolution makes such actions necessary or advisable. The authority is further limited as its exercise has to relate to addressing the harm or unconstitutionality at the heart of the resolution in question.”
- Defending Albertans from Ottawa overreach (Nov. 29, 2022)
Press Secretary, Justice
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