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Alberta invokes Sovereignty Act over federal clean electricity regulations

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Alberta’s United Conservative government has invoked its controversial Sovereignty Act for the first time by introducing a resolution to push back against the federal government’s proposed Clean Electricity Regulations.

The resolution, tabled in the Alberta legislature Monday, instructs governments and provincial entities such as the Alberta Electric System Operator and the Alberta Utilities Commission to ignore the regulations when they come into force “to the extent legally permission.”

The resolution also raises the possibility of Alberta setting up a Crown corporation to protect the private sector companies that provide electricity in the province. If passed, the resolution would direct AESO, AUC and the Market Surveillance Administrator to consult with stakeholders on the feasibility of such a corporation.

The Clean Electricity Regulations, currently in draft form, lay out the rules for getting Canada’s electricity grid to net zero emissions by 2035.

Alberta Premier Danielle Smith says the deadline is impossible for the province to meet without risking blackouts and high costs for consumers.

The government says investors are afraid of proposing new power generation projects in light of the CER. The Crown corporation could commission new natural gas-fired plants, make deals for small-scale nuclear reactors or buy existing gas-fired plants.

At a news conference Monday, Smith said a provincial Crown corporation would encourage private sector companies to keep investing, but it would be a generator of last resort.

“I cannot give direction to a private sector company to defy the law,” she said.

“But if we operate a Crown corporation, we will do it on the basis that we’re only stepping in so that we can make sure that we preserve power.”

Smith said a resolution passed by the legislature would help the province if the matter goes to court. But she also hopes it compels the federal government to avoid a legal battle by abandoning the 2035 net zero goal.

“Why don’t we just work together on a 2050 target?” she asked.

“I’m hoping that they now understand that we’re serious, that we are going to preserve the integrity of our power grid in whatever way we need to, so that we can get back to the table and talk about the ways in which we can agree.”

 

Alberta premier hopes federal government ‘backs down’ after using Sovereignty Act

 

Featured Video‘We are going to preserve the integrity of our power grid in whatever way we need to,’ Alberta Premier Danielle Smith said about her government’s use of the Sovereignty Act to push back against the federal government’s proposed Clean Electricity Regulations.

Smith publicly proposed the Sovereignty Within a United Canada Act when she was running for the leadership of the UCP in summer 2022.

Under the law, the legislature can pass motions that outline why and how the province will not enforce federal legislation deemed not to be in Alberta’s interests.

The idea appealed to UCP members who believed Smith’s predecessor, Jason Kenney, wasn’t tough when dealing with the federal government. Smith won the leadership in October 2022. The act was tabled and passed in the legislature in her first sitting as premier.

The resolution introduced Monday will likely pass since Smith’s United Conservative Party holds the majority of seats in the Alberta legislature.

Feds say they’re on solid ground

Steven Guilbeault, the federal minister of Environment and Climate Change Canada, said the potential use of the Sovereignty Act never came up in months of meetings between federal and provincial officials as part of a working group on the CER and the oil and gas emissions cap.

He said the federal government will continue meeting with stakeholders on the draft regulations.

“There is no legal basis for what Alberta is doing ,” Guilbeault told reporters on Parliament Hill.

“We feel that we’re on very solid ground and the fact that we already have some provinces who are on board with us, as well as a number of private companies and investors who say that this is the way to the future. We will continue working on this.”

Rachel Notley, leader of the Official Opposition NDP, said her caucus will oppose the resolution.

“The so-called Sovereignty Act is an illegal stunt. Unfortunately, it is a stunt with real world consequences,” Notley said.

“It undermines investment certainty. It challenges our respect for the rule of law. It breaches treaty rights all over Canada, but especially here in Alberta, and it declares to the world that we just don’t care about tackling climate change.”

Legal experts said different aspects of the resolution jumped out at them.

Gerard Kennedy, an assistant professor of law at the University of Alberta, said Smith’s resolution is premature since the regulations aren’t in force yet.

“It’s a symbolic step,” he said. “I think this is neither necessary nor sufficient to fight the federal regulations which we haven’t even seen yet.”

Andrew Leach, a professor of economics and law at the University of Alberta, said the section that directs the provincial entities, like AESO, to consider the federal regulations invalid will be a problem.

“They’re not planning our electricity system around meeting those more aggressive climate targets, which then in turn, makes them less easy to meet if we don’t have the electricity system infrastructure planned accordingly,” he said.

 

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Political parties cool to idea of new federal regulations for nomination contests

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OTTAWA – Several federal political parties are expressing reservations about the prospect of fresh regulations to prevent foreign meddlers from tainting their candidate nomination processes.

Elections Canada has suggested possible changes to safeguard nominations, including barring non-citizens from helping choose candidates, requiring parties to publish contest rules and explicitly outlawing behaviour such as voting more than once.

However, representatives of the Bloc Québécois, Green Party and NDP have told a federal commission of inquiry into foreign interference that such changes may be unwelcome, difficult to implement or counterproductive.

The Canada Elections Act currently provides for limited regulation of federal nomination races and contestants.

For instance, only contestants who accept $1,000 in contributions or incur $1,000 in expenses have to file a financial return. In addition, the act does not include specific obligations concerning candidacy, voting, counting or results reporting other than the identity of the successful nominee.

A report released in June by the National Security and Intelligence Committee of Parliamentarians expressed concern about how easily foreign actors can take advantage of loopholes and vulnerabilities to support preferred candidates.

Lucy Watson, national director of the NDP, told the inquiry Thursday she had concerns about the way in which new legislation would interact with the internal decision-making of the party.

“We are very proud of the fact that our members play such a significant role in shaping the internal policies and procedures and infrastructure of the party, and I would not want to see that lost,” she said.

“There are guidelines, there are best practices that we would welcome, but if we were to talk about legal requirements and legislation, that’s something I would have to take away and put further thought into, and have discussions with folks who are integral to the party’s governance.”

In an August interview with the commission of inquiry, Bloc Québécois executive director Mathieu Desquilbet said the party would be opposed to any external body monitoring nomination and leadership contest rules.

A summary tabled Thursday says Desquilbet expressed doubts about the appropriateness of requiring nomination candidates to file a full financial report with Elections Canada, saying the agency’s existing regulatory framework and the Bloc’s internal rules on the matter are sufficient.

Green Party representatives Jon Irwin and Robin Marty told the inquiry in an August interview it would not be realistic for an external body, like Elections Canada, to administer nomination or leadership contests as the resources required would exceed the federal agency’s capacity.

A summary of the interview says Irwin and Marty “also did not believe that rules violations could effectively be investigated by an external body like the Office of the Commissioner of Canada Elections.”

“The types of complaints that get raised during nomination contests can be highly personal, politically driven, and could overwhelm an external body.”

Marty, national campaign director for the party, told the inquiry Thursday that more reporting requirements would also place an administrative burden on volunteers and riding workers.

In addition, he said that disclosing the vote tally of a nomination contest could actually help foreign meddlers by flagging the precise number of ballots needed for a candidate to be chosen.

Irwin, interim executive director of the Greens, said the ideal tactic for a foreign country would be working to get someone in a “position of power” within a Canadian political party.

He said “the bad guys are always a step ahead” when it comes to meddling in the Canadian political process.

In May, David Vigneault, director of the Canadian Security Intelligence Service at the time, said it was very clear from the design of popular social media app TikTok that data gleaned from its users is available to the Chinese government.

A December 2022 CSIS memo tabled at the inquiry Thursday said TikTok “has the potential to be exploited” by Beijing to “bolster its influence and power overseas, including in Canada.”

Asked about the app, Marty told the inquiry the Greens would benefit from more “direction and guidance,” given the party’s lack of resources to address such things.

Representatives of the Liberal and Conservative parties are slated to appear at the inquiry Friday, while chief electoral officer Stéphane Perrault is to testify at a later date.

After her party representatives appeared Thursday, Green Leader Elizabeth May told reporters it was important for all party leaders to work together to come up with acceptable rules.

This report by The Canadian Press was first published Sept. 19, 2024.



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Métis Nation Saskatchewan leaves national council, cites concerns with Ontario group

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OTTAWA – The Métis Nation of Saskatchewan has pulled out of a national body representing Métis, citing problems with an Ontario group and throwing the future of the Métis National Council into question.

In a resolution passed Thursday morning, the Saskatchewan group says the Métis Nation of Ontario, which is a member of the national body, accepts and continues to represent people who are not Métis.

“The Métis National Council has increasingly been used for advocacy purposes that are inconsistent with its original mandate and vision, diverting from the foundational role of representing Métis rights and self-determination,” the resolution says.

It also says the Métis National Council has failed to ensure the integrity of the Ontario group’s citizenship registry and has not rectified problems, despite constant calls to do so.

The resolution says its continued association with the Métis Nation of Ontario “no longer benefits the Métis Nation within Saskatchewan or the Métis Nation as a whole.”

The Métis Nation of Ontario did not immediately respond to a request for comment, but has previously defended its citizenship registry as being legitimate.

The departure of the Saskatchewan group comes years after the Manitoba Métis Federation withdrew from the council, citing similar concerns about the Métis Nation of Ontario.

“This was not a decision our government made lightly but one we felt necessary. Our (Métis Nation of Saskatchewan) government and our Métis communities need to have control over our identity and culture while making decisions that align with the values of our Saskatchewan Métis Nation,” said president Glen McCallum in a statement on Thursday.

The Métis National Council was, until Thursday, comprised of the Métis Nation of Saskatchewan, the Métis Nation of Alberta, the Métis Nation of Ontario and the Métis Nation of British Columbia.

The Saskatchewan group was a founding member of the national body, along with the Alberta group and the Manitoba Métis Federation.

According to the national council’s bylaws, quorum for its board of governors meetings must include two of the founding members. As of now only one remains, bringing into question the future of the organization, which often works with the federal government and advocates internationally for Métis.

Will Goodon, who serves as the Manitoba Métis Federation’s housing minister, said the national body is “dead today.”

“A meeting cannot be held. And they cannot change the bylaws without having a board of governors meeting,” he wrote on X.

Métis National Council president Cassidy Caron announced earlier this year she would not be seeking re-election, leaving an open contest for someone to fill her post.

The board voted to postpone and reschedule a September vote and general assembly to November. Caron said in a newsletter that her term will end on Sept. 30 either way.

The Saskatchewan group had already pulled support for federal legislation that would enshrine its self-government over concerns about the Métis Nation of Ontario and the Métis Nation of Alberta, which were also included.

McCallum said in April the legislation was holding the group back, and that they needed to put the needs of Métis in Saskatchewan first.

First Nations chiefs in Ontario and the Manitoba Métis Federation consistently raised concerns about the Ontario group as the legislation was being studied by a House of Commons committee, with Métis Nation of Ontario president Margaret Froh billing the self-government process as the longest in Canadian history.

First Nations chiefs in Ontario have accused the federal government of overstepping its jurisdiction and alleged the legislation infringes on their rights.

The Assembly of First Nations, which represents some 630 chiefs across Canada, passed a resolution calling for the federal government to kill the legislation altogether. The AFN’s concerns are mainly focused on six new communities the Métis Nation of Ontario and the province recognized in 2017, which it says have no historical basis to exist.

The Manitoba Métis Federation has also opposed the extension of self-government to the Métis Nation of Ontario, saying the Ontario group’s membership is not on par with its definition of Métis.

The Métis Nation of Ontario has disputed that, pushing back against the idea Métis only exist around the Red River in Manitoba.

This report by The Canadian Press was first published Sept. 19, 2024.



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Quebec public services are becoming ‘dehumanized’ due to rise in demand: ombudsperson

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MONTREAL – Quebec’s ombudsperson is warning that public services are becoming “dehumanized” in the province amid a rise in demand for them.

Marc-André Dowd released his annual report today, which highlights several examples of people receiving inadequate care across the health network in the 12 months leading to March 31.

One dying man who lived alone was denied help cleaning his cat’s litter box by his local health clinic, a service Dowd says should have been given for “humanitarian reasons.”

Dowd also describes staff at a long-term care home feeding residents “mechanically” and talking among each other — despite health ministry guidelines directing staff to maintain eye contact with residents.

The ombudsperson says his office received a record number of problems to investigate across the province’s public services — 24,867 compared with 22,053 last year.

He says his office investigated 13,358 cases between April 2023 and March of this year.

This report by The Canadian Press was first published Sept. 19, 2024.

The Canadian Press. All rights reserved.



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