8 Comments

I suspect that whatever happens, Alberta is going to lose. Spin it as they may, the sober truth is that most Canadians, and even a majority of Albertans.......do not want Provincial politicians winning over Federal jurisdiction........or fobbing off an made in Alberta police force, pension plan or privatized health care scheme, unto those of us caught in the double edged sword of living in Alberta.

Bullying and big talk, like big hats, no cattle..........doesn't actually scare many of us for long.

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Danielle Smith and the UCP are good at blowing hot air around. Their behavior is like little preschoolers who get upset when they can't have their way, and their parents have to put them in their place.

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As an average Albertan, I really don’t understand what’s going on. None of us have had a chance to vote for Danielle and whatever agenda she is pushing. Although I’m fully confident most of us still won’t know until after the election campaign is done and dusted. I have a bad feeling that there is a hidden agenda...

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As I recall, comments on the ACA’s reference opinion ranged from dismissive to disparaging. A good case in point is the opinion published by Martin Olszynski in ablawg.ca:

https://ablawg.ca/2022/05/24/carbon-tax-redux-a-majority-of-the-alberta-court-of-appeal-opines-that-the-impact-assessment-act-is-unconstitutional/

The majority opinion concluded that the IAA is unconstitutional because the federal government is usurping provincial powers. (For the record, one judge, Justice Greckol, disagreed.) The majority opinion, wrote Olszynsksi, “is relatively difficult to follow, includes basic doctrinal errors in some parts, and ignores or strays far from precedent in others. In this and other ways, the majority’s approach is strongly reminiscent of its earlier opinion in Reference re Greenhouse Gas Pollution Pricing Act”. (The Supreme Court overturned the Alberta judges’ opinion on the carbon-tax pricing act in 2021.)

It seems even (most) Alberta justices have been infected by the sovereignty virus. Mr. Olszynski, in his conclusion, writes “Reading the majority’s opinion, there is a palpable sense of disbelief that federal environmental policies and preferences might validly affect – even contradict – provincial ones.” (Twitter translation: “Don’t you DARE tell us what to do!”) The Supreme Court has already ruled that, in matters of shared jurisdiction, the Federal government gets to have a say in matters of federal concern—even if the local yokels don’t like it.

If the Supreme Court remains unmoved by Alberta posturing, the decision will go against Alberta—again. The presence or absence of one fellow-traveller on the Bench will have little impact on others’ reading of the law.

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Mr. Trudeau doesn’t look ready for a constitutional fight just now, but that won’t affect a Supreme Court decision.

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