On C2C: What does the Sovereignty Act mean for Alberta’s future?
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Summary
In this episode of the Andrew Lawton Show, host Andrew Lawton is joined by Barry Cooper to discuss why Canada isn't actually the federation we think it is, and why it isn't really a federation at all.
Transcript
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we do we cover alberta i'm not i'm an honorary albertan i've kind of been adopted by
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many of the good people of alberta now some of them call me a dirty easterner but
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uh most of them do it uh well i think i think favorably but i have an alberta sensibility i
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love the province i love the people there true north has just an absolutely massive base of
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support in alberta but more importantly alberta is doing thing is doing things that can be and in
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some cases are being done by other provinces on asserting provincial jurisdiction uh provincial
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sovereignty you might say we've seen alberta lead the way in this on things such as firearms being
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followed by saskatchewan alberta has uh paved a way and is doing i think very important things and a
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lot of it has come down not to any legal changes but a mindset a mindset that we saw from premier
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danielle smith that has been cemented in law with the alberta sovereignty within a united canada act
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and of course in continued rhetoric i think there's been a lot more of an effort from the alberta
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government to put alberta first than we've seen from any province save quebec in quite some time
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and when we talk about alberta's future in canada i think it's important to note that this is also a
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story of other provinces if they want to go down this road there was a fascinating piece in c2c journal
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that explores this very topic written by professor barry cooper uh not just uh one of the architects of
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that sovereignty act but also a tremendously influential professor and also uh someone who i
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mention in my biography of pierre polyev because he was a part of the uh great calgary school of
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political science professors at the university of calgary uh which uh covered in part the time in
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which polyev was a student there but that shameless plug out of the way uh always good to talk to barry
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cooper barry thanks for coming on today good morning andrew good to hear you you know you have
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touched on something in this piece which i think is a great launching off point here about uh why
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canada isn't actually the federation we think it is and i was wondering if you could just start there
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yeah it it actually goes back to um when i was first taking canadian politics as an undergraduate
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uh we had to read a book by a uh a guy named livingston and he argued uh that federations were
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political responses to what he called federal societies uh meaning societies that had uh say different
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cultures uh certainly in canada different languages different histories uh and that the that the the
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legal structure of federation was successful when it um reflected those uh pre-legal pre-political
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differences um that is certainly true with the history of uh the prairie west uh also true of
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british colombia um that canada's interest in uh this part of the world is not the same as the history
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of the human beings who uh who lived here long before canada had any interest in um in uh in ruling us
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so bring this into the modern context and why does that theme loom so large in your perspective on
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what's happening in the west and in canada right now well federations change um the maritimes were
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the most uh wealthy part of canada at the during the initial confederation period uh by about the
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1880s uh they were pretty much dependent on canada on upper and lower canada uh or canada euston canada
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west or just the old colony of canada well just to jump in there uh one of the i think it was pei
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had had been very hesitant to join because they were worried that uh you know they would lose all
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this stuff they had and i think anyone who's followed atlantic canada in the last 40 years would
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be uh quite amused by that that atlantic canada was worried it would be putting more into
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confederation than it was getting out yeah that i mean that's exactly true i mean that uh nova scotia
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was uh during the american revolution were considered the neutral yankees uh and that what
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ensured that they were neutral was the royal navy base at halifax so the the uh history of atlantic
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canada what we now call it now atlantic canada uh is is really very complex and it is not simply
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that they are loyal uh subservient uh colonies of the old colony of canada that uh is now ontario
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in quebec what i've been calling for some time now laurentian canada uh that's a part of of the
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country of canada for sure uh but it doesn't have a monopoly on either history or um on what north
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reffray used to call the myths of what it was to be uh to be a canadian uh we all have our different
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histories uh and the federation is supposed to reflect that yeah and and i think it's interesting too
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that we have i mean obviously the benefit of a federation or a pseudo federation i don't want
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to get into a debate with you about that at this point is that you know every province has the
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ability to develop its own culture and in some ways that's happened certainly an albertan is different
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from an ontarian is different from a quebecer but in recent years and i i would say it's recent you
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you may think it's not it seemed like there's been less of a desire to respect that and we we've seen
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more of a uh centralization of power and and i don't know if that's maybe just that i've only
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been paying attention lately but it does seem like it's worsening in the last 15 20 years yeah it i
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think you're right um here's the way i the context that i would i would use to to put this whole problem
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in uh you can see the 1982 uh constitution act as a response by the entire country uh to major
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changes uh after world war ii in one part of the country namely quebec quebec went from being a very
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pious uh insular uh inward looking um and very religious society to probably the most secular uh
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society on the entire continent uh and that i would argue was reflected first of all in the constitution
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act um and the 1982 constitution act uh and then when when things got um well let's say when some
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some canadians thought quebec were serious about um independence which does not include me i don't
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think they were ever serious uh then they passed uh parliament passed the clarity act uh to try and give
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some uh legal structure to how quebec can go forward um into the sunny uplands of independence if that's what
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they really wanted i don't think they ever did but that's a that's another question so explain to me
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whether we are looking at a cultural problem or a legal problem is this uh the issue that you see
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is it one that's coming to just the attitudes that people have in alberta and in other provinces
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and certainly in ottawa or or is the structure itself an issue that needs to be dealt with
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what is uh it was andrew breitbart of all people who said that politics is downstream from culture
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and what is downstream from politics is the law the law of the constitution so the first thing
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is that um that the political uh differences between the various regions of of the country uh are
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reflecting uh historical and cultural uh differences uh and eventually this gets reflect
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this gets reflected as well in uh the law of the constitution uh that's what happened in 1867
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that's what happened in 1982 and the sovereignty act is um the the longer range strategic purpose of
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the sovereignty act is to change the de facto law of the constitution today that means pushing
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pushing back against what you quite rightly describe as the let's say centralizing tendencies
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of um the bureaucracy and the uh government of canada uh i don't think it's really a partisan issue
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i think all governments liberal or conservative uh have this have this tendency to think that they
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are as daniel smith said a national government and she said it uh on third reading of bill one that
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turned into the sovereignty act uh who do they think they are a national government and the implication
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being they're not they're part of a federation that's what the sovereignty act is uh aimed to uh
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aimed aimed at restoring so one of the things that i i find interesting here is that there is this
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profound double standard in the way certainly laurentian canada views uh provincial autonomy when you're
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talking about quebec versus any other province and you know politically i'm wondering why that's been
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allowed why other provinces have stood for that why has there not been more of a concerted effort uh
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before now in alberta and even then i think what danielle smith is doing is pretty muted compared to what
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quebec has done on this why has why have more provinces not been uncomfortable with that double standard
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before now i think it's because a lot of people have swallowed the laurentian myth that canada is a
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bilingual country parts of canada are bilingual but that certainly is not true uh in this part of the
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world um at all there are french-speaking communities in alberta as there are in saskatchewan and manitoba
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uh and in british columbia um but that doesn't make this part of the country bilingual so quebec can
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get away with a lot uh because most canadians still swallow this myth that that we are bilingual when it's
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uh the evidence for it is non-existent yeah and i think that's a very fair point and and i mean
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bilingualism i mean it's ironic because you know quebec has obviously held as part of its national
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story this idea of of the the so-called conquest but it's amazing how the french language has become
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this uh tremendous uh tremendously limiting force for people in every other province where i mean you've got
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communities in british columbia where you know a federal public servant needs to speak french when
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you know french is like the fifth most spoken language of the area yeah yeah that's true i mean uh
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i remember um uh as a survey that was done by um the government of canada probably about 20 years ago and
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uh my my wife uh my wife has a french name so they they uh probably got we were probably included in
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the survey because of her name uh and the uh person from ottawa said she she called me monsieur guichon
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and i said no no i'm mr cooper uh and she said oh okay um do you speak french at home and i said oh yes
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uh and she said well who do you speak it with and i said with with our daughter she's in french immersion
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oh do you speak does your wife speak french i said well she can uh but she doesn't really speak uh
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french with our daughter she said but you do and i said yes so she said well that's a bit odd you're not
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french and i said well no but my french is better than my wife's so uh she she didn't know what to make
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of that she simply didn't know what to make of it so to go back to the the structural aspect we were
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talking about earlier there you make a point which is actually i think heretical among some people in
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this country that uh the constitution is not set in stone that uh this is not something that can never
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be reopened now i think the political practicalities make it very difficult uh to to reopen the constitution
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in a way but if you could what would you do to it well uh you've already had success writing the
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sovereignty act i'm letting you write the next charter
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uh i would make i mean these are political decisions really rather than than constitutional
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amendments that we're looking at uh and even jason kenny said uh when he was premier stay in your lane
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uh when he spoke to the governor of canada and what he meant by that was what is uh determined in
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section 91 of the uh old british north america act the constitution act 1867 uh the government of
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canada does have some major responsibilities and sort of the provinces they're set out in section 92
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everything should reaffirm that every bit of legislation should reaffirm that
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especially by the government of canada and when for thing i mean there's some shared jurisdictions like
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the courts have decided that the environment is um i think that was a let's say a questionably decided
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decision uh but when you have a government that is um let's say ideologically persuaded by um
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um environmental issues uh it means that they are inherently uh um what tempted to expand their
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jurisdiction uh at the cost of the provinces and especially of this province because uh of our
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hydrocarbon resources that have uh are said to have had uh these uh enormous uh environmental uh
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consequences that needs to be uh disputed as well i mean so you get into sort of factual scientific
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arguments as well as uh legal economic and social ones uh it's a it's a very uh complex political
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process but that's where we have to go well in your uh piece in c2c journal which we can throw back up
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on the screen there you call for some sobriety into laurentian consciousness which i think is a
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an incredibly uh perhaps overly ambitious expectation but i think an important one nonetheless
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professor barry cooper always good to talk to you barry thanks so much for your time today
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