The Alberta government, under Premier Danielle Smith, is preparing to introduce legislation that would give it the ability to disregard international agreements endorsed by the federal government. This initiative is outlined in a recent directive from Smith to the intergovernmental relations ministry. The primary aim of the proposed legislation, as stated in the mandate letter, is to safeguard Alberta’s authority and ensure due process.
According to Sam Blackett, the press secretary for Smith, the current setup does not mandate the federal government to consult with Alberta on international accords, even if they touch on areas within provincial jurisdiction, such as healthcare. Blackett emphasized that Alberta intends to clarify that international agreements concerning provincial matters are only binding within the province if they are enacted into law under provincial legislation.
Blackett did not cite specific agreements of concern but mentioned that the World Health Organization Pandemic Agreement, recently ratified, falls within Alberta’s jurisdiction due to its potential impact on healthcare. The proposed legislation in Alberta would mirror a longstanding legislative framework in Quebec.
Legal expert Eric Adams from the University of Alberta pointed out that the constitutional division of powers already grants provinces some authority to implement agreements related to their jurisdiction. Adams highlighted that the federal government can enforce terms of international agreements within its jurisdiction, while provinces have the option to legislate those agreements if they affect their areas of control. The necessity and implications of provincial legislation in this context remain unclear.
Adams also noted that overlapping jurisdictional powers between the federal and provincial governments, particularly in areas like healthcare and the environment, present complexities in enforcing international commitments. He emphasized that while Canada can enter into treaties, the implementation of promises made in those treaties must align with the division of powers between the federal and provincial levels.
Opposition critic Irfan Sabir criticized the potential legislation, viewing it as a political move to challenge the federal government to cater to the United Conservative Party base. Sabir asserted that any overreach by Parliament should be resolved through the judicial system, not legislative measures.
The timeline for introducing the legislation was not disclosed by Blackett, with the legislature set to reconvene next month.
