Danielle Smith, centre, makes a comment as Todd Loewen, left, and Rajan Sawhney listen during the United Conservative Party of Alberta leadership candidate's debate in Medicine Hat on July 27.Jeff McIntosh/The Canadian Press
Alberta Premier Jason Kenney says if Danielle Smith wins the race to replace him as head of the United Conservative Party next month, he would vote against her proposed sovereignty act – the cornerstone of her leadership campaign.
Speaking to reporters Tuesday, Mr. Kenney expanded on his disdain for Ms. Smith’s plan to pass legislation that she said would “affirm” Alberta’s authority to refuse to enforce federal laws if MLAs believe Ottawa is violating provincial jurisdiction. The Premier said the proposal is “catastrophically stupid” and a “cockamamie idea that was first floated by a far-right special interest group.” Ms. Smith is the perceived front-runner to succeed Mr. Kenney.
The outcome of UCP leadership race will test the party’s ability to remain united after Mr. Kenney, who co-founded the party five years ago, is replaced. The Premier’s criticism of the proposed law indicates that the internal discord that gnawed at government stability and party unity during his tenure could remain, or even intensify, should Ms. Smith take the helm.
Most of Ms. Smith’s leadership challengers have questioned the legality and utility of the sovereignty act, with one, Leela Aheer, vowing never to support it. But none have attacked the proposal with the same vigour as the outgoing leader, who will remain an MLA after a new premier takes over.
“I could not, in conscience, vote for a bill that would shred the rule of law, ignore the authority of the courts, massively destabilize investor confidence, jeopardize the construction of pipelines and take us a huge step toward separating from Canada,” Mr. Kenney said.
The Premier said the proposal is a “full-frontal attack on the rule of law” that would quash any hope of building new pipelines to tidewater, because if Alberta could pass a legislation insisting it can ignore certain federal laws, British Columbia could do likewise to trump energy projects within its borders.
“You can’t be a conservative if you don’t believe in the rule of law.”
Matthew Altheim, Ms. Smith’s campaign manager, compared Mr. Kenney to the UCP’s two arch rivals – the Prime Minister and the provincial NDP leader.
“Jason’s attacks on the sovereignty act sound a lot like Justin Trudeau and Rachel Notley talking points,” Mr. Altheim said in a statement. “Danielle hopes he eventually realizes this and reconsiders his opposition.”
Ms. Smith plans to reach out to Mr. Kenney to discuss how they can work together to unite the party, should she win the leadership race on Oct. 6, Mr. Altheim said.
“She is hopeful that he will use his energies to leave a lasting legacy of unity rather than one of division.”
Ms. Smith previously accused the Premier of inappropriately inserting himself into the UCP’s leadership race after he slammed the sovereignty act in August. Mr. Kenney maintained he was not commenting on the leadership race, but instead on the Free Alberta Strategy, a document in which three authors outlined the sovereignty act last September. One of authors, Rob Anderson, is Ms. Smith’s campaign chair; the document serves as the basis for her sovereignty-act proposal.
Constitutional experts, including one of the Free Alberta Strategy’s authors, have said the sovereignty act would be unconstitutional. Ms. Smith released a document on Tuesday meant to address those concerns in which she said the act would reflect “sound constitutional language and principles.”
The new document says if Ottawa passes a law that Alberta MLAs believe “appears” to violate the province’s jurisdiction, they may introduce a special motion for a free vote in the legislature. The motion would identify the problematic federal law and constitutional explanation for the alleged violation; explain the harm the violation will bring to Albertans; detail the actions the province will take to refuse enforcement of the federal law; declare that “by authority of the Alberta Sovereignty Act,” the federal law will not be enforced by the province; and impose a date to review and debate the special motion.
Ms. Smith added that disputes over jurisdiction may still end up in court. During litigation tied to a special motion, she said, the province would not enforce the federal laws it believes are overreaching, unless a court intervenes. Ottawa would have to challenge Alberta’s actions in court, rather than the other way around, she said.
Brian Jean, who co-founded the UCP with Mr. Kenney and is also vying to replace him, said Ms. Smith’s new document remains thin on details. Because the text of her proposed legislation is not available, Mr. Jean declined to say whether he would support it as a MLA. However, the lawyer said as an “officer of the court” he cannot support legislation that would be unconstitutional.
Mr. Jean said it was inappropriate for Mr. Kenney to comment on what has emerged as the key issue in the leadership race. However, he also agreed with the Premier’s analysis.
“This particular time, he’s bang-on,” he said.
Mr. Jean became head of the Wildrose Party after Ms. Smith led a mass Wildrose floor-crossing to the governing Progressive Conservative party in 2014. The two parties later merged to become the UCP in 2017. Mr. Jean said the UCP race has him concerned about unity among conservatives in Alberta.
“If I don’t come back, I think our party will fall apart.”
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