If Quebec Can Do It, Alberta Should Too
Plus my new ATIP on the PMPRB, a petition on equal parenting, and the only Alberta NDP MP votes against energy workers
If Quebec Can Do It, Alberta Should Too.
The Quebec government recently tabled Bill 96 that amongst other things proposes to amend the Quebec constitution, yes there are provincial constitutions, to add a header describing fundamental characteristics of Quebec including that French is their common language and that Quebec forms a nation. None of this should be controversial in the least as Parliament recognized the Quebecois as a nation in a united Canada in 2006 under Prime Minister Stephen Harper and anyone who has travelled through Quebec or lived there for any length of time will recognize the predominance of the French language. The notion that both characteristics being introduced into the provincial constitution is indeed novel to Canadian politics and it is being done through Section 45 of the Canadian Constitution.
Premier Legault of Quebec has signaled that he plans to use the amending formula outlined in Section 45 which states, “each province may exclusively make laws amending the constitution of the province.” The constitution is an overarching federal document, but also includes constitutions of individual provinces. While there is some debate among constitutional scholars about whether Quebec is within its rights to amend the constitution in this manner, Liberal Prime Minister Trudeau has already signaled he agrees Quebec can amend the constitution this way.
Changes to provincial constitutions and the Canadian Constitution have been made in the past. The Harper government in 2011-2012 amended the formula for apportioning seats in the House of Commons using Section 44 that requires a majority vote in the House of Commons and the Senate. That gave Albertans an extra 6 seats in our federal Parliament and better, fairer representation. In 1998, a constitutional amendment was passed by the Parliament of Canada to end the denominational quotas for Newfoundland religion classes using Section 43 of the Canadian Constitution. The majority of amendments have been done through Parliament under Section 43 and what is entirely new this time is that the Quebec government is suggesting it can do so unilaterally and that their amendments affect no other province.
Where does this leave Alberta and Albertans?
I am an autonomist. I believe that every province in Canada, including Quebec and Alberta, are equal and should pursue self-governing options wherever their governments deem it wise and just. That’s why I supported the Fair Deal Panel process and its final report. Alberta is my adopted home and like the Paul Brandt’s song does, I always find myself Alberta bound. Seeking more autonomy within Canada implies pursuing a more aggressively reasonable approach to taking on the provision of public services for Albertans like a provincial chief firearms officer, an Alberta appeal board, an Alberta pension plan, an Alberta provincial police force, and on the list goes. There is an old adage used by the Quebec political class that they want the country of 1867, and not the country of 1982. Strong provinces with the power to tax and spend, as well as set their own rules within their constitutional boundaries, are better placed to provide the public services and the maximum space for their residents to make their own decisions on what is the best way to provide for themselves and their families. It’s not separatism, it’s autonomy within a united Canada, and Alberta should be seeking the maximum.
We can debate about whether Quebec is within its rights to amend the constitution this way, but the bottom line is that if Quebec can do it, Alberta should do it too.
Enactment No. 12, generally referred to as the Alberta Act details the elements of the constitution pertinent specifically to the province of Alberta. Keeping the Bill 96 doctrine, Alberta can make any changes to this part of the constitution by a simple majority vote in the provincial legislature. As a note, the Alberta Act does not contain the equalization formula, so the Alberta Legislature cannot unilaterally change equalization. Changing equalization would require us to proceed under Section 38 of the Canadian Constitution that requires motions passed in both houses of Parliament followed by motions of support in seven out of ten provincial legislatures making up more than fifty percent of the Canadian population. The equalization referendum the provincial government has undertaken will be the kick off point to that constitutional civic debate and negotiation as well as the opportunity to seek changes to the program overall. The formula governing equalization, the inclusion of resource revenue, the manner of consultation and rules like the fixed growth rate rule introduced in 2009, are all outside the Constitution and can be changed by the federal government. That is why I tabled my private member’s Bill C-263, the Equalizations and Transfers Fairness Act, during this Parliament to start the process of getting at fixing the equalization program.
I often get challenged that as an opposition parliamentarian all I do is criticize and say no, so let me explain a few possible amendments that the provincial government and Albertans should seek to obtain more autonomy for our province.
First, I would include in the provincial constitution wording that defines Alberta as a distinct society. Albertans are different than the rest of Canadians. We have a distinct culture and set of values. This wording comes directly from the Meech Lake and Charlottetown constitutional debates. The words carry meaning. Albertans are born throughout Canada and the world over, and we self-select this great province for its can-do attitude and unique civic outlook. I mean, where else would you have an event like the Calgary Stampede, the greatest outdoor show on Earth, mostly organized by volunteers along with the hundreds of community, corporate and neighbourhood pancake breakfasts and lunches? I’m proud of my adopted home and we should acknowledge that distinctiveness.
Next, Albertans should legislate their Senate elections. Section 4 of the Alberta Act states, “The said province shall be represented in the Senate of Canada by four members: provided that such representation may, after the completion of the next decennial census, be from time to time increased to six by the Parliament of Canada”. This section should be amended to ensure that any senators elected by the province of Alberta are nominated are the only persons eligible to fill the Senate seats for Alberta. This would be regardless of the partisan affiliation of the Senators-elect or the Prime Minister’s personal views.
Property rights are fundamental to a free society. Property rights are reflected in the Fifth and Fourteenth Amendments of the Constitution of the United States. The Fifth Amendment states that private property cannot be taken for public use, without just compensation. The Fourteenth amendment states that the government cannot deprive any person of their property without the due process of the law. These kind of property rights are not protected explicitly in Canada’s constitution or the Charter of Rights and Freedoms. The addition of property rights to the Alberta Act would ensure that governments cannot seize private property without due process or just compensation. These rights can include protections for firearms owners. If these property rights existed, the federal government’s continued assault on law-abiding firearms owners through Bill C-21 and the two Orders-in-Council from May 2020 would then be subject to an additional constitutional barrier and Albertans could seek redress on this new explicitly protected right.
The Alberta Act could also be amended to entrench the right to school choice. Wording could be added to protect religious schools, independent and private schools, charter schools, and homeschooling as viable forms of education. Alberta has the most flexibility education options and choice to parents in educating their children. This type of amendment would only impact Alberta and in way would it affect minority language rights, but it would recognize the equality of all these forms of education placing the wishes of parents and children at the centre of the education system in our province.
All of these suggestions would of course have to be publicly debated along with debates in the Alberta Legislature using Section 45 of the Canadian Constitution to unilaterally amend the provincial constitution. These are all provincial in nature but they would start our path towards greater autonomy. Quebec has always fiercely defended its autonomy. Alberta can and should do the same especially after two decades of public debate on our place in Confederation, the Alberta Advantage letter from over a decade ago, our continued frustrations with the equalization program and finally the Fair Deal Panel report that laid out how to achieve more autonomy.
Let’s fight for the country the Fathers of Confederation founded in 1867 instead of the out-of-control centralization and abuse of the federal spending power we have seen since 1982.
Government Regulator Accuses Patient Groups of Disinformation in Internal Documents
I have long been an advocate for Canadians with rare diseases, and I have been working to ensure access to rare disease drugs remains achievable for patients. In recent years, new federal regulations have been brought forward by the Ottawa Liberals through the Patented Medicine Pricing Review Board (PMPRB), the government body tasked with regulating excessive pricing of pharmaceutical drugs. The new guidelines proposed by the PMPRB concern many patient groups as it will prevent Canadians from accessing innovative treatment and reduce clinical trials in Canada. In response to these concerns, the PMPRB has taken an extremely combative approach. Recently, I obtained internal documents from the agency detailing a “modern” and “proactive” communications strategy aimed at countering apparent “disinformation” from patient advocacy groups and Members of Parliament at the parliamentary health committee who were critical of the guidelines. They expressly named the Cystic Fibrosis Community, the Canadian Organization for Rare Disorders (CORD), and the Best Medicines Coalition as organizations that have "disseminated disinformation" on drug access and the impact of the reforms on rare disease patients. To accuse someone of disinformation is to accuse them of intentionally misleading, or lying.
This was done despite noting in the same documents that there were "potential negative impacts" to the implementation of the new reforms. Further in the document, they mentioned stakeholders that are supportive of the reforms are less vocal and thus create the impression that public opinion is against the PMPRB. Additional documents revealed that over forty groups directly consulted in the past year and a half have expressed concerns over the guidelines, with just fourteen in support of the agency's position. This is a government regulator that is having its work heavily criticized lashing out at patient advocacy groups for pointing out the deep flaws in its pricing regime changes that come into force on July 1, 2021. Over the weekend, the Cystic Fibrosis Treatment Society sent a letter to the President of the Treasury Board and to the Auditor General, requesting a full investigation into the communications report, the inappropriate use of taxpayer funds and to determine if it had contravened government spending guidelines. CORD described the document as proof that the PMPRB had “never truly intended to consult” on the new regulations, choosing their own vision over that of patients. Other patient advocacy groups online have also released statements, condemning the PMPRB for its denigrating comments and misguided strategy against Canadians. The government should cease its attacks on patient advocacy groups and elected parliamentarians, and focus on fixing the proposed price control rules. Patients, particularly those with rare diseases, must be at the front and center of government decision-making.
Petition on Equal Parenting
A constituent, Roberto, contacted my office and asked me to sponsor an e-petition on improving parenting equality following a marital breakdown.
I am always happy to work with constituents to sponsor e-petitions. Tabling petitions in Parliament is part of a long Westminster tradition. When a petition is tabled, the government is obligated to respond to the concerns raised in the petition.
If you agree with Roberto, you can sign his e-petition at the link below. If you would like me to sponsor an e-petition, send me an email at tom.kmiec@parl.gc.ca.
Alberta NDP MP Votes Against Conservative Motion to Support Energy Workers
Earlier this week my Conservative colleague, Ziad Aboultaif, introduced a motion in Parliament calling for recognition that Canada’s oil and gas industry is essential to the well-being of Canada and that tax and regulatory barriers limiting the responsible growth of Canada’s oil and gas industry should be removed. All members of the Liberal, NDP, Bloc, and Green party caucuses voted against MP Aboultiaf’s motion. This is just more of the same from the government and their allies who are content to use the money from the energy sector to fund their out-of-control spending but refuse to support oil and gas workers in their time of need.
Energy workers and their families have been under constant attack for the past six years from this federal government. Shamefully, even the NDP MP from Edmonton Strathcona, Heather McPherson, was not willing to lend her voice in support of the men and women in her riding whose families depend on Alberta’s oil and gas industry to keep food on their tables. In a Globe and Mail article after the 2019 election, Ms. McPherson stated that she wanted to be a voice in Ottawa for “people across the Prairies who feel they don’t have one, including oil and gas workers.” When given an opportunity to be that voice, Ms. McPherson was silent yet again.
My colleagues and I will continue to work hard to secure the jobs of energy workers in Alberta. You can email Alberta NDP MP Heather McPherson and ask her why she doesn’t support oil and gas workers at heather.mcpherson@parl.gc.ca