Alberta Premier Danielle Smith says she would like to work with her Quebec counterpart to assert provincial sovereignty.
“It is evident that Alberta and Quebec have significant common interests with respect to countering overreach by the federal government into matters of exclusive provincial jurisdiction,” she wrote in a letter to Quebec Premier François Legault dated March 21.
Last November, a committee recommended 42 ways the Quebec government could assert its provincial authority. Smith said Alberta would back at least eight of them.
Those include challenging federal spending power, constitutional amendments to have Quebec property law supersede federal law and to require the federal government to appoint Superior Court judges from candidate lists prepared by the province.
Defending use of notwithstanding clause
Smith also said a recommendation that the government hold a public debate when its use of the notwithstanding clause is about to expire — typically five years after it is used to override a federal Charter right — is of “considerable interest” to Alberta.
“My government is of the view that provincial legislatures are key deliberators and decision makers on questions of constitutional rights,” she said.
“Elected legislatures — not federally appointed judges — should have the final word on the scope of rights subject to a parliamentary sovereignty clause”
In 2022, the Alberta Sovereignty within a United Canada Act went into effect, which urges Albertan governments and institutions to not enforce federal rules considered harmful to Alberta’s interests.
Smith said she was “open to sharing information and advice” with Legault to enact similar legislation in Quebec.
“I see an opportunity before us, as the democratically elected leaders of Alberta and Quebec, to chart a path toward a new era in Canadian federalism,” Smith concluded in her letter.
Simon Jolin-Barrette, Quebec Justice Minister and Minister responsible for Canadian Relations, said the proposal is “very interesting to us” and is especially pleased with Alberta’s support for the use of the notwithstanding clause. Alberta has already backed Quebec on Bill 21, which is being contested at the Supreme Court.
Jolin-Barrette said Smith’s letter is proof that there is a “third way” between federalism and provincial separatism.
“We can build bridges with other provinces here in Canada and each province can have their autonomy within Canada,” he said, adding that he would like to have Smith visit the National Assembly.
Caution from opposition parties
Quebec’s official opposition parties said they are open to discussing with Smith, but with a degree of caution.
“It’s pretty surprising that Daniel Smith seems to be Captain Autonomy Sovereignty when it comes to province provincial autonomy and and provincial rights to decide for themselves,” said Parti Québécois MNA Joël Arseneau.
“If I were Mr. Legault, I would be a bit ashamed that Alberta is giving us lessons when it comes to deciding for ourselves in protecting our own economy and people.”
However, he added it’s a sign of larger divisions within Canada.
Interim Québec Solidaire co-spokesperson Guillaume Cliche-Rivard said he likes the idea of “strengthening Quebec’s power within the federation until independence,” but doesn’t “foresee Alberta and their premier being particularly helpful for Quebec.”
“Maybe there could be some alignment in some matters, but there is a lot of divisions also with how Alberta see its future and its development and how Quebec see its future and its development,” he said.
Meanwhile, federalist Liberal MNA Greg Kelly said the party would draw a line at any talks veering toward leaving the Canadian federation, of which there is a “growing” tendency in Alberta.
