Last week, the provincial government said the act would be its first move of the fall session. “This is not about feeding for kicks. This is about quantifying, assessing and determining the economic damage. It is about our position in this federation and our responsibility to the people of Saskatchewan to promote economic development,” the minister said Justice of Saskatchewan, Bronwyn. Eyre on Tuesday. The Act “asserts its exclusive legislative jurisdiction under the Constitution of Canada, and in particular, the matters referred to in sections 92 and 92A of the Constitution Act, 1867.” The law says that Saskatchewan has jurisdiction over the following:
Exploration of non-renewable resources. Development, conservation and management of non-renewable natural and forest resources. Operation of premises and facilities for the production and production of electricity. Regulation of all industries and businesses under provincial jurisdiction. Regulation of fertilizer use.
The law says that in each of the above, the province has jurisdiction to regulate environmental standards, greenhouse gases and other emissions. Part Two of Saskatchewan Act One would amend the Saskatchewan Act to include:
Saskatchewan has autonomy over matters falling within its exclusive legislative jurisdiction under the Constitution Act, 1867. Saskatchewan depends on agriculture, non-renewable resource development, forestry, and electricity production and generation. The production of the above is “critical to the prosperity and well-being of Saskatchewan and its people.”
The new law says these sections will also be added to the Constitution Act 1867. It also creates an economic impact assessment court to study the economic impact of federal policies. Eyre said the tribunal will be independent and will be called when necessary.
The government attorney says the amendments do not ignore federal laws
Mitch McAdam, director of the province’s constitutional law branch, said he believes the amendments introduced will help the province contest jurisdictional cases with the federal government in court, if that is the case. “There’s nothing in the amendments that says the province can ignore federal laws or that federal laws will no longer apply in Saskatchewan. What the law does is it recognizes that that’s the role of the courts, and the courts are the final arbitrators that dividing line is between federal and provincial jurisdiction,” McAdam said. McAdam was part of the government team that argued the federal carbon tax was unconstitutional in the Supreme Court. The court sided with the federal government in a 6-3 decision. Eyre said the new amendments “send a message” to the courts about where it believes Saskatchewan has jurisdiction and why. He said the act is not a pretext for a court battle with the federal government and that the province is looking for a “fair deal” and a “fair partner” in Ottawa. McAdam said the economic impact court will provide information to “inform future decisions whether it’s a case on appeal to the Court of Appeals, an application for injunctive relief or something else. It will give us those tools that we need to move the case through the courts.” .” Eyre said federal policies have and will continue to have a negative economic impact on the province. She mentioned the federal carbon pricing plan, Bill C-69, and the Clean Electricity Standard, which aims to have 100 net zero emissions electricity by 2035. Eyre said the standard would signal the end of electricity generation sources from fossil fuels. He said he hopes the program “doesn’t come true.” “We don’t have enough hydro to deal with it. We don’t have enough capacity to transition that quickly. We’re trying, and those efforts are well documented.”
The opposition is calling on the province to reinstate equal treatment
Opposition justice critic Nicole Sarauer said her caucus would turn to constitutional law experts and businessmen before deciding whether or not to support the new legislation. “At first glance, it looks like a rehash of what’s already there,” Sarauer said. He said if the provincial government wants to get what the province “deserves,” it should continue the equalization lawsuit that was started by the NDP, but the Saskatchewan Party government withdrew in 2008. “I do not think [the act] has great legal significance. If they really want to advance the interests of the people of Saskatchewan, they could advance the balancing trial,” Sarauer said.
