United Conservative Party (UCP) leadership candidate Daniel Smith has made the bill a cornerstone of his platform. It sought to give Alberta the power not to enforce federal laws and rulings deemed contrary to the province’s interests. Majority of the experts opined that such a bill violates the supreme law of the land.
Salma Lakhani told the media on Thursday that if the bill ends up on her desk, she will consult constitutional experts to ensure its legality.
She said the Queen’s spokeswoman for the province The bridge will be crossed when we reach there
But if necessary, is not afraid to refuse to sign.
We are a constitutional monarchy, we have checks and balances
Salma Lakhani explained.
” You can call me a constitutional firefighter. We don’t use this counter power very often, but sometimes you have to. »
She recalled that one of her predecessors, John Bowen, refused to sign several bills that Prime Minister William Aberhart deemed unconstitutional in 1937 until the Supreme Court ruled on them. His refusal led to a political crisis in the state.
Salma Lakhani says she is ready to face backlash if she refuses to sign, but upholding the rule of law is important.
I come from Uganda, a country without the rule of law. Our leader is a dictator and has no respect for democracy and the rule of law. That is why he deported all citizens of South Asian descent like me. I appreciate the rule of law very much. It should be protected and respected as a democracy. These are gifts
she insisted.
When asked about the lieutenant governor’s comments, Daniel Smith’s campaign said she Works with his caucus to ensure that sovereignty legislation is written in accordance with the principles and language of the Constitution
.
Brian Jean, one of his competitors in the leadership race, told himself Very uncomfortable
With Proclamation of the Lieutenant-Governor.
Daniel Smith’s lack of clarity on this matter is already causing a constitutional crisis. To end the dispute, Smith must present the text of his Sovereignty Bill before PCU members vote on it.
he wrote on Twitter.
The Lieutenant Governor has very limited powers
Constitutionalist Eric Adams, professor of law at the University of Alberta, believes the lieutenant-governor does not need to make a decision on the bill’s constitutionality.
This situation should be avoided at all costs.
, he believes. It was customary for the courts to decide, rather than the Queen’s representative, he recalled.
However, there is a special situation in which a proposed bill can be enforced if it threatens the Constitution itself.
” Based on the ideas conveyed, it is inconceivable that an Alberta law that says it is not required to respect federal laws can come close to this constitutional crisis situation. »
If placed in this situation, according to Eric Adams, the lieutenant governor should follow three steps: consult constitutional experts, contact other lieutenant governors in the country, and warn the provincial government about the dangers of its bill. .
Eric Adams recalled that the federal government also had the power to strike down unconstitutional provincial laws, but this power was useless.
Frankly speaking, even the Lt. Governor would not think of giving royal assent to the bill. This presents Smith with a constitutional crisis, which is exactly what she wants to achieve.
wrote Emmett MacFarlane on Twitter, also an expert in constitutional law at the University of Waterloo.
Martin Z. Olszynski, a law professor at the University of Calgary, said it was appropriate for Salma Lakhani to speak out, to send a message to Albertans that the province is for real. Uncharted waters
.
Duane Bratt, a political science professor at Mount Royal University, believes Salma Lakhani is right, but that’s just the way it is. Most unusual and damaging to politics in Alberta
.
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