You can add another unconstitutional feature to the list, one that has so far not attracted much if any attention: it violates the Charter-protected principle of prosecutorial independence from the political executive. This is why Crown Prosecution Manuals are non-binding, as Dennis Baker notes in his 2017 must-read on the provincial power to not enforce Criminal Code provisions. It's one thing for a Crown office to decline to prosecute; it's another thing entirely for the Cabinet or provincial legislature to order them to do so, in all cases. Section 92(14) (authority over the "administration of justice") might empower a provincial minister or legislature to order *provincial* officials to not enforce federal laws that are outside of criminal and quasi-criminal law (ex: drug laws)--Ottawa would have to hire its own enforcement personnel in that case--but the prosecutorial context is unique. To put it another way, an Alberta Crown prosecutor would be entirely within their rights to ignore the Alberta Sovereignty act and prosecute a valid provision of the federal Criminal Code if they believed it would be in the public interest.
Thanks for this, an insightful analysis of the core problems with Bill 1, even if the section we're supposedly 'confused' about (coughs *gaslighting* no one's confused) the cabinet having full executive, legislative and judicial power is withdrawn.
I'd only add the Smith and her sock puppet Justice Minister signaled that ignoring federal law (secession by any other name) was the course being taken over 2 months ago when they said they wouldn't cooperate with federal gun laws.
If I understand Professor MacFarlane's commentary correctly, Premier Smith is neutering the Alberta Legislature and giving all governing powers over to an "Executive Branch", of which Smith will be the Big Kahuna.
You can add another unconstitutional feature to the list, one that has so far not attracted much if any attention: it violates the Charter-protected principle of prosecutorial independence from the political executive. This is why Crown Prosecution Manuals are non-binding, as Dennis Baker notes in his 2017 must-read on the provincial power to not enforce Criminal Code provisions. It's one thing for a Crown office to decline to prosecute; it's another thing entirely for the Cabinet or provincial legislature to order them to do so, in all cases. Section 92(14) (authority over the "administration of justice") might empower a provincial minister or legislature to order *provincial* officials to not enforce federal laws that are outside of criminal and quasi-criminal law (ex: drug laws)--Ottawa would have to hire its own enforcement personnel in that case--but the prosecutorial context is unique. To put it another way, an Alberta Crown prosecutor would be entirely within their rights to ignore the Alberta Sovereignty act and prosecute a valid provision of the federal Criminal Code if they believed it would be in the public interest.
A clear concise description of Smith's lunacy, thanks.
Thanks for this, an insightful analysis of the core problems with Bill 1, even if the section we're supposedly 'confused' about (coughs *gaslighting* no one's confused) the cabinet having full executive, legislative and judicial power is withdrawn.
I'd only add the Smith and her sock puppet Justice Minister signaled that ignoring federal law (secession by any other name) was the course being taken over 2 months ago when they said they wouldn't cooperate with federal gun laws.
If I understand Professor MacFarlane's commentary correctly, Premier Smith is neutering the Alberta Legislature and giving all governing powers over to an "Executive Branch", of which Smith will be the Big Kahuna.
Is this not what we call an autocracy?
Oh, Alberta, I'm so sorry.