Legislature Passes Alberta Sovereignty Within A United Canada Act: Overview And Implications

Introduction

On Nov. 29, 2022, the newly elected Premier of Alberta tabled as her first Bill the anticipated Alberta Sovereignty within a United Canada Act (the Act), which was passed on Dec. 7, 2022.¹ The Act embodies one of the Premier's central campaign promises to "shield" Alberta from federal incursions into provincial jurisdiction. The initial version of the Act granted Cabinet sweeping powers to amend laws and direct provincial entities in response to federal initiatives deemed by the Alberta Legislature to be unconstitutional or to cause harm to Alberta's interests.

Prior to its passage, the Act was amended to mitigate concerns relating to Cabinet's ability to circumvent the ordinary legislative process.² Nonetheless, it is still expected that the Act will remain the subject of considerable analysis as stakeholders seek to understand its legal and practical impacts. This article is intended to provide a brief overview of the Act and its potential legal