Alberta Sovereignty and Saskatchewan First - Legal Analysis of New Approaches to Canadian Federalism

Alberta and Saskatchewan have each introduced legislation that aims to assert their respective Provincial jurisdictions in the face of what they say are ongoing and frequent Federal intrusions. Neither Province is explicitly trying to change the wording of the divisions of powers sections of the Canadian Constitution, yet each in their own way is trying to take power over key resource development decisions.

Alberta's approach is less formal, with an emphasis on acting quickly. Saskatchewan is looking to set up a new quasi-judicial body, the credibility of which would perhaps give its findings similar weight to that of a court order. Such findings would then form the basis of jurisdictional (and financial) negotiations with the Federal government.

These new Bills are coming in the aftermath of (and are in part a reaction to) a significant Supreme Court of Canada decision on just these issues. Three Provincial Courts of Appeal had weighed in on the Federal government's carbon pricing legislation, with Saskatchewan and Ontario upholding it, and Alberta finding it unconstitutional The Supreme Court upheld the legislation, saying that the environment was national in scope, and a minimum standard pricing mechanism was consistent with Canadian federalism.