The government led by Alberta Premier Danielle Smith is preparing to introduce a new law that would enable the province to disregard international agreements endorsed by the Canadian government. This legislative initiative was outlined in a directive issued by Premier Smith to the intergovernmental relations ministry under her leadership. The primary goal, as stated in the directive, is to safeguard Alberta’s jurisdiction and ensure due process.
According to Sam Blackett, spokesperson for Premier Smith, the federal government is not obligated to consult provinces when entering into international treaties, even if the agreements cover matters within provincial authority, such as healthcare. Blackett emphasized that Alberta aims to clarify that international agreements touching on provincial jurisdictions are only legally binding within the province if they are enacted as provincial laws.
While specific agreements of concern were not disclosed by Blackett, he mentioned that the recently ratified World Health Organization Pandemic Agreement could be an example that Alberta seeks authority over due to its potential impact on healthcare. The essence of the pandemic agreement is to facilitate collaborative efforts among signatories in preparing for and responding to pandemics.
Blackett highlighted that Alberta’s proposed legislation would mirror Quebec’s well-established legislative framework. However, constitutional law expert Eric Adams from the University of Alberta expressed uncertainties about the necessity of such legislation, given that the Canadian Constitution already grants provinces some autonomy in implementing agreements related to provincial matters.
Adams explained that the distribution of powers in Canada already poses challenges in enforcing terms of international treaties, especially when there are overlapping jurisdictional powers between the federal government and provinces, as seen in areas like healthcare and the environment. He emphasized that while Canada can engage in international agreements, the implementation of commitments must align with the existing division of powers.
The timeline for tabling the legislation by the Alberta government remains undisclosed, with the legislature scheduled to convene next month.