Alberta Premier Danielle Smith’s government is preparing to introduce a new law that would give it the authority to disregard international agreements signed by the federal government. This initiative is outlined in a recent directive from Smith to the intergovernmental relations ministry, a department she oversees. The primary aim of the proposed legislation is to safeguard Alberta’s autonomy, with Smith’s office emphasizing the importance of due process in this matter.
According to Sam Blackett, Smith’s press secretary, the current system does not mandate the federal government to consult with Alberta before entering into international agreements, even if the agreements touch on areas within provincial jurisdiction, such as healthcare. Blackett specified that Alberta intends to clarify that international agreements affecting provincial matters are only binding within the province if they are enacted into provincial law.
Blackett did not cite specific agreements of concern, but mentioned that the recently ratified World Health Organization Pandemic Agreement illustrates an area where Alberta seeks control due to its potential impact on healthcare. The proposed legislation in Alberta is expected to mirror Quebec’s existing legislative framework.
Constitutional law expert Eric Adams from the University of Alberta expressed uncertainty regarding the necessity of provincial legislation in this context, noting that the Constitution already grants provinces some authority over implementing agreements related to their areas of jurisdiction. Adams highlighted the established division of powers between the federal government and provinces, indicating that provinces have the option to legislate agreements that affect their jurisdiction.
Adams also pointed out the complexity arising from overlapping jurisdictional powers between the federal government and provinces, particularly in areas like healthcare and the environment. He stressed that while Canada can enter into international treaties, the implementation of commitments must adhere to the existing division of powers.
In response to the government’s plan, Opposition NDP justice critic Irfan Sabir criticized the move as a political tactic aimed at pleasing the UCP base, suggesting that legal disputes over federal jurisdiction should be resolved through the judicial system, not legislative action.
The timeline for introducing the legislation has not been disclosed by Blackett, but the provincial legislature is set to reconvene next month.
