Errol P. Mendes
This article analyses how two western Canadian provinces, Alberta and Saskatchewan, have used the concept of provincial sovereignty to argue for a form of autonomy that violates the fundamentals of Canadian constitutional democracy and the rule of law. A former secessionist government in Quebec had used the sovereignty concept to claim a right to unilaterally declare independence regardless of the norms of the Canadian constitution. The Supreme Court of Canada, in a landmark decision in 1999 rejected the claim as a violation of the fundamental unwritten principles of the Canadian constitution. The two western provinces are using the provincial form of sovereignty to assert maximum autonomy in key areas of their economy and society in which they share jurisdiction with the central government. This article argues that these laws are being used to win or keep political power or to get the federal government to limit their legitimate roles in key areas. Finally, the article will discuss how the Alberta Sovereignty Act is triggering imitation by the US State of Utah and potentially dangerous consequences of such sovereignty laws.
