BARRHEAD – Athabasca-Barrhead-Westlock United Conservative Party (UCP) MLA Glenn van Dijken believes the recently introduced Alberta Sovereignty within a United Canada Act will unite people rather than divide them.
Premier Danielle Smith introduced the legislation as Bill 1, following the Speech from the Throne Nov. 29, marking the opening of the 30th session of the Alberta Legislature.
"Many people have commented over the last few months about how they believe it will be divisive," Athabasca-Barrhead-Westlock MLA Glenn van Dijken said in a Dec. 1 interview. "I don't think it is going to do that. I believe it can unify this country.”
Bill 1 lays out a process the province can follow when it intends to defy federal laws, policies, or programs the government deems to be unconstitutional or harmful to Alberta's interests.
The original draft presented for first reading in the legislature that day that gave the cabinet the power to direct Alberta entities, such as Crown corporations, the police, health authorities and school boards, to prohibit them from using provincial funding to enforce federal laws and regulations, when they see fit.
After several days of critical blowback to the bill, Smith said she would be willing to amend those sections. The Opposition NDP said it would not support those amendments, and wants the whole bill thrown out post haste.
In the summer and fall, when Smith introduced the concept of the Sovereignty Act as part of her platform during the UCP leadership race, van Dijken was not willing to comment as he had not seen the wording of the proposed legislation, but now that he's seen it, he like the rest of his UCP colleagues support the bill wholeheartedly.
"When we see inappropriate movement by the federal government into jurisdiction from the province's domain, it is important that our government say, ‘Whoa there, that is our jurisdiction, and we don't want you (federal government) interfering with that’," he said, adding it is important to have those tools in place.
"In our constitution, our provincial powers and our jurisdiction are defined very clearly," he said. "For our family, our confederation to stay healthy, it is important that we honour those boundaries. If one government moves in a direction that doesn't honour those boundaries set out in our constitution, it is incumbent on the other level of government to call them out. And that is what the act helps us to do."
van Dijken said the two levels of government, federal and provincial, are partners, and one government is not subordinate to the other.
"A lot of people don't recognize that. We are partners in confederation, and ensuring that there are no conflicts in jurisdictions will help the governments focus on what they are responsible for so it be a true partnership," he said.
How the Sovereignty Act would work
van Dijken noted there seems to be some confusion about how the act would work, noting some opponents have stated that the bill would allow the cabinet to skirt the democratic process by allowing them to amend legislation deemed against Alberta's interest unilaterally.
But, he said that is not the case.
"From how I read the bill, it doesn't allow or give any additional powers to the cabinet they don't already have. It is not unusual for Orders in Council and changes in regulations to be made by the ministerial authority by the cabinet," van Dijken said. "There is also a process for changing legislation and the (Sovereignty Act) does not interfere with that process."
He said if the premier or the cabinet identifies potential federal legislation that is in conflict with provincial jurisdiction or is deemed harmful to Alberta's interest, any amendments or changes would be brought forward to the legislative assembly for debate and then a vote.
"The Sovereignty Act doesn't give cabinet to amend legislation on their own," he said. "It is up to the will of the legislative assembly."
However, van Dijken said how the mechanics of the legislation will work is not as important as the reasoning behind it.
He added that in the past, he has spoken publicly about the need for an Alberta constitution that recognizes and protects the province's unique culture and identity within Canada, saying the introduction of the Sovereignty Act speaks to that.
van Dijken also spoke to the criticisms that Bill 1 seeks to expand cabinet or provincial powers to what is outside their jurisdiction under the constitution, whether it be on the environment or gun control.
van Dijken suggested using the example of gun control and the potential confiscation of assault-style weapons banned under federal legislation as a provincial matter.
"Under property and civil rights, gun control is provincial jurisdiction," he said. "What the federal government is saying is that they are going to confiscate actual physical property from the citizens of Alberta. This is an example where it behoves the province to say no to the federal government, telling them they are overstepping their bounds by enacting a law that allows them to come into Alberta and confiscate property from our citizens. We are not OK with that."
And that is why Justice Minister Tyler Shandro and the province's chief firearms officer Terri Bryant have both stated Alberta would not enforce the federal legislation, he said.
van Dijken also echoed Smith, who has said she hopes the province will not have to use the Sovereignty Act.
"It is there to send a message to Ottawa that the Alberta government will stand up for Albertans first," he said.
Speech from the Throne
van Dijken said that while the lion's share of the attention of the Nov. 29 opening of the legislative assembly was on the Alberta Sovereignty within a United Canada Act, people shouldn't overlook the Speech from the Throne. The speech detailed what the government planned for the current session, focusing on affordability and helping Albertans deal with inflation, healthcare, increasing jobs and the economy, and standing up to Ottawa.
"Affordability and healthcare are at the top of people's minds, and a lot of work has been already done and will continue over the session.”
A particular interest locally was the reference to the province's plans to improve EMS and ambulance service.
In the last three years, van Dijken noted that there has been a significant increase in ambulance call volumes across the province, including in rural areas.
He noted that the province has already increased the number of ambulances and paramedics, mostly for the urban centres, and is working on other efficiencies, such as using other services for non-urgent medical transfers.
"Too many times, in rural Alberta, the ambulance goes out of our region and gets stuck in the urban vortex, so hopefully, these measures will help alleviate some of the problems in smaller communities," van Dijken said.
He added that the province is working on several initiatives to reduce surgical wait times. "We are making strides. Wait times are coming down."
On the jobs and economic front, van Dijken said the constituency is in good stead, noting there has been growth in all the area's major industries (energy, forestry and agriculture).
"Probably the biggest challenge in all the industries is finding enough people to do the jobs. That and the record migration back into the province that we are seeing is a good indication that our economy is strong and that we are on the right track," he said.
