Candice and Keith Wilson talk about the Alberta election results and why they don't have the same hope and optimism for the country that Candice and I do. They also discuss the recent announcement from Alberta s premier, Danielle Smith, calling for a reset in the relationship between Canada and Alberta and the provinces.
00:00:00.000Hi, I'm Candice Malcolm, and this is the Candice Malcolm Show. We had a very optimistic episode for you yesterday. I went through and pointed out why I was hopeful about the election results, why I'm still hopeful for the country and for Canada.
00:00:14.740Then yesterday afternoon, an absolute bombshell was dropped out of Alberta. It seems like some people in Alberta just don't want to wait. They don't have the same hope and optimism for the country that I myself hold.
00:00:27.740So we are going to explain it all. I'm going to ask everybody to just quickly like the video. It really helps us with the algorithm. We want to be able to be presented to more Canadians.
00:00:37.020We want more Canadians to discover Juno News in our quest to replace the CBC. So help us out by liking this video.
00:00:44.540OK, I am pleased to be joined today for this episode by Keith Wilson. Keith is a constitutional lawyer based in St. Albert, Alberta.
00:00:52.880He gained national attention for representing the Freedom Convoy back when the Public Orders Emergency Commission were reviewing it in 2022.
00:01:01.040So, Keith, thank you for joining us today.
00:01:04.860OK, so let's just get to the news. It started when Danielle Smith, Premier of Alberta, came out the morning after the election and basically just called for a reset in the relationship between the feds and Alberta and the provinces.
00:01:18.500So let me read from her ex post here. OK, so this came out bright and early on Tuesday morning after the election.
00:01:26.220Premier Smith writes this. She says, I want to congratulate Prime Minister Mark Carney and his minority government election victory last night.
00:01:32.020I also want to sincerely thank Pierre Polyev for his powerful and principled advocacy.
00:01:36.600She goes on to thank Polyev for his work and his vision.
00:01:40.300She goes on, she says, as Premier, I invite the Prime Minister to immediately commence working with our government to reset the relationship between Ottawa and Alberta with meaningful action rather than hollow rhetoric.
00:01:53.060A large majority of Albertans are deeply frustrated that the same government that overtly attacked our provincial economy, almost unabated for the past 10 years, has been returned to government.
00:02:03.900As Premier, I will not permit the status quo to continue.
00:02:06.540Albertans are proud Canadians that want this nation to be strong, prosperous and united, but we will no longer tolerate having our industries threatened and our resources landlocked by Ottawa.
00:02:17.440In the weeks and months ahead, Albertans will have an opportunity to discuss our province's future, assess various options for strengthening and protecting our province against future hostile acts from Ottawa and to ultimately choose a path forward.
00:02:31.140As Premier, I will facilitate and lead this discussion and process with the sincere hope of securing a prosperous future for our province within a united Canada that respects our province's constitutional rights,
00:02:43.880facilitates rather than blocks the development and export of our abundant resources and treats us as a valued and respected partner within Confederation.
00:02:52.080Our government will be holding a special caucus meeting this Friday to discuss this matter further.
00:02:57.280I will have more to say after that meeting is concluded.
00:03:01.640Wow, what a strong message from Premier Smith, really just laying it all out, saying we are not going to tolerate being pushed around the way that we were under Prime Minister Justin Trudeau.
00:03:14.120We'll get to the referendum news and the changes in a minute.
00:03:17.000But what did you make of Premier Smith's strong comments there?
00:03:20.400Well, I think she's echoing the sentiment that she's hearing on the ground as she travels the province and meets with Albertans and meets with business leaders and community leaders,
00:03:33.960that the frustration level here is at an all-time high, because it's not just that the federal government has engaged in, you know, incompetent decision-making, the liberal government.
00:03:46.940They've definitely got five stars for that, but it's deliberate policy, deliberate policy that harms Alberta's economy.
00:04:01.100She's an incredibly capable and intelligent leader.
00:04:05.600She's a data person, if you've spoken with her.
00:04:09.020She studies numbers and she sees it and she hears it from the voters of Alberta and she's echoing their concerns.
00:04:19.180Well, I think certainly many people in Alberta woke up on Tuesday morning feeling very disappointed about the decision that was made, mostly from people in central Canada.
00:04:45.140It was just a very strange election where the NDP vote completely collapsed.
00:04:48.940But I think that Premier Smith is really tapping in on this.
00:04:51.880Now, later in the day, Daniel Smith went on CBC's Power and Politics.
00:04:56.480I want to play a few of these clips for you here, Keith, because I just think it's so telling the way the CBC is framing the issue,
00:05:02.760the way that they are openly just defending Mark Carney and his position, pressing Danielle Smith as if they worked for the prime minister,
00:05:09.300as if it was their job to say, this is what Carney has said, this is what Prime Minister Carney says and believes.
00:05:15.840Why aren't you getting on board with it?
00:05:17.260So first, we'll play this clip where they're asking Premier Smith about her position on pipelines.
00:05:22.820And she is saying that Canada needs to respect Alberta.
00:12:50.640We are expanding opportunities for Albertans to be involved in direct democracy by making changes to the threshold needed for successful citizens initiatives.
00:13:00.180The signature collection time for citizens initiatives will be extended from 90 days to 120 days.
00:13:06.540We are also improving the process by setting the threshold to be 10% of the number of eligible voters who participated in the last general election.
00:13:16.060Wow. So, yes, she says it's unrelated to the fact that the election happened yesterday, but, I mean, come on.
00:13:20.940This is a huge news coming out of Alberta that the Premier is making it easier, making it an easier pathway for a referendum on independence.
00:13:29.180Keith, can you talk to us about the law, the legality of this referendum initiative?
00:13:35.000Sure, and I think it's really important to understand why we're even talking about the concept of referendum in this discussion,
00:13:43.240which is Canada is a very unique country in the world in terms of democracies,
00:13:49.480in that most countries do not have, and by most I mean just about all,
00:13:55.800do not have a mechanism where legally a region of a country, a province, or a state can hold a vote, a referendum,
00:14:06.480and decide they no longer want to be part of that country.
00:14:10.020This is exceptionally rare in democracies to have in the constitutional jurisprudence a mechanism for a province in Canada to hold a vote.
00:14:22.040And, of course, it all emanates from the 1998 reference case regarding Quebec succession when Quebec was going to hold a referendum.
00:14:31.140So, that's why we're talking about a referendum, is that Canada has this unique phenomenon at law where a region, namely a province, can hold a referendum.
00:14:42.520So, the question becomes, well, how does any province hold a referendum?
00:14:45.620Well, interestingly, each provincial legislature gets to decide what referendum laws they're going to have, if any.
00:14:53.320And Alberta has had a referendum law on the books for a very long time,
00:14:57.000and it basically says that the cabinet, the provincial cabinet, can decide to hold a referendum on separation or independence.
00:15:04.760But the Kenney government, under the UCP prior to Premier Smith, brought in legislation for citizen-initiated referendum,
00:15:16.140where if the citizens assemble sufficient signatures on a petition, essentially, that will compel the government to hold the referendum.
00:15:28.520So, either the people can force the provincial government's hand to compel a referendum on independence,
00:15:35.760or the cabinet itself can decide to call one.
00:15:38.620The problem was that under the Citizen Initiative Act, they had two bars.
00:15:43.720If you wanted to get a policy changed or legislation changed in a particular area, you had one bar, which was 10%.
00:15:49.600But if you wanted a constitutional amendment, it was higher, it was 20%, had all these other hurdles that you had to overcome.
00:15:57.760And the government and Premier Smith took the position that she announced yesterday, that there should be one standard.
00:16:03.640If the citizens decide they want to compel government to act, there should be one standard.
00:16:08.880So, she brought the constitutional standard down to the other standard.
00:16:12.040The practical effect is that prior to these amendments announced yesterday, in order to force the Alberta government to hold a referendum on separation,
00:16:23.140we would have had to have, in 90 days, got 600,000 signatures.
00:17:02.440The headline says, perhaps it's time Alberta does go it alone and say goodbye to Canada.
00:17:08.340This article is just dripping with the smug leftist disdain that characterizes some in central Canada.
00:17:15.120I will say, I don't think this is a common sentiment amongst people in Ontario.
00:17:19.660I think that, again, as I pointed out, there was a blue wave in Ontario.
00:17:23.860It just wasn't enough, and it didn't sweep in places like Ottawa, where there was a red wave, right?
00:17:28.140We saw Pierre Polly lose his own seat.
00:17:29.500But in Toronto, there were a lot of pickups, a lot of seats.
00:17:33.080This doesn't represent the views of people in Ontario, but it does represent the views of people like, you know, partisan liberals, people who were doing the whole elbows up thing.
00:17:43.220And, I mean, I'll read a little bit of it.
00:17:45.460I don't want to subject you and our audience to it because it's just so brutal.
00:17:48.460But it's written by David Olive, who is a columnist at the Toronto Star.
00:17:52.180So, it's not like a guest op-ed written to be provocative.
00:17:54.360This is someone who works for the Toronto Star, who gets paid, who writes in this paper day in and day out.
00:17:59.620He writes, Alberta's giving me a headache.
00:18:01.440The province stands alone in its incurable sense of grievance with the rest of the federation.
00:18:06.180Not even a $34 billion expansion of Trans Mountain pipeline built by Ottawa to get Alberta oil to non-U.S. markets for the first time has reduced Alberta's bellyaching.
00:18:15.100So, he basically just says, oh, he goes on, he says, Alberta doesn't do gratitude.
00:18:19.680It does righteous indignation ad nauseam.
00:18:22.620So, he wants Albertans to thank Prime Minister Justin Trudeau and Prime Minister Cardi for, you know, the government bailing out a pipeline that they never wanted that to happen in the first place, that Albertans should be gratitude.
00:18:34.980So, I mean, this is kind of the sentiment, which I don't blame Albertans for seeing this and saying, yeah, I don't want any of that.
00:18:41.200I would only caution it to say, this is not representative of most people in Ontario.
00:19:01.820The company was going to build it and starting to go through all the processes.
00:19:05.980I actually had cases where I represented landowners along the route.
00:19:10.060And they, the federal government put so many regulatory obstacles in front of them that they said this is no longer a viable project and they walked.
00:19:20.100And so, the government had to step in and take over and mismanaged it in the extreme.
00:19:24.840And that's why the costs ballooned to $34 billion.
00:19:27.780It should have cost the taxpayers nothing.
00:19:30.960That's what was going to happen until the federal Liberals screwed it up.
00:19:35.100But, one of the thing, even in the more moderate folks that I've encountered from Central and Eastern Canada, their lack of understanding of the basic roles and responsibilities of governments and who does and pays for what is remarkable.
00:19:51.380People will come after me on Twitter and say, well, how are you going to pay for your healthcare then?
00:19:56.200Well, we already pay for our healthcare and we net pay at least $20 billion a year to Ottawa that we don't get back.
00:20:02.760So, we'll actually have $20 billion laying around in our pocket to maybe spend a little more on healthcare.
00:20:15.420The only federal land in Alberta is four national parks, four military bases, and a number of Indian First Nations reserves under the treaties.
00:20:28.160And when you combine that all together, the First Nations reserves only 1.31% of the land base, and then the federal component is 20.
00:20:37.980Some people think that the federal government owns the oil and gas here, all owned by the province, the water.
00:20:43.840The only thing the federal government really has a responsibility for in Alberta is like running a passport office, and they can't even do that.
00:20:50.940So, it's remarkable to me the lack of understanding.
00:20:55.320Like Nova Scotia has, and I'm not sure on the exact numbers, but I believe it's around $12 billion is their budget.
00:21:03.800Almost $4 billion of that comes from Alberta.
00:21:06.600What's going to happen to Nova Scotia when we leave, right, and if we leave?
00:21:11.320And where, so Ontario is now going to have to pay that money.
00:21:15.720And the fellow from the Toronto Star won't be so smug at that point.
00:21:19.580The reality is, is that Alberta is a tremendous asset to Canada.
00:21:24.960We fund so much of Canada's activities.
00:23:40.920Mark Carney is an incredibly radical person, and yet people like David Cochran and the CBC, it's like their job is to defend him and to pretend that he's a moderate person, pretend that he's down the middle of the road and that he will protect all.
00:23:52.840I can understand the frustration in thinking that if Mark Carney got a majority government or a minority propped up by the bloc with that no pipelines, no oil and gas mentality, that that is just completely at odds with Alberta.
00:24:06.900Premier Smith doesn't strike me as a separatist in any way.
00:24:10.620I think she's tried to make it very clear that she wants Alberta to have more sovereignty, more independence, more respect, but not leading an actual separatist movement.
00:24:19.320Although it just seems like reading the comments, reading the sentiment from people, even Juno News followers, reading the comments on our work, that there is a large appetite, a large amount of anger against the Laurentian elites, the establishment, the liberals and people like Mark Carney.
00:24:35.380So, Keith, I'm wondering if you can maybe help us see what's going to happen next.
00:24:39.440I don't want you to make a prediction, but what do you see happening in days and weeks?
00:24:44.400What's going to happen from a legal perspective?
00:24:45.960And do you think this movement is going to take off from here?
00:24:49.320So, you know, first of all, I'm fortunate to have known Premier Smith prior to her being Premier.
00:24:56.980I first met her and worked with her 20-some years ago, maybe 27 years ago, when she was the executive director of a property rights institute in Alberta.
00:25:08.160And fundamentally, she believes in democracy.
00:25:10.940And she believes in grassroots democracy in the sense that the people should decide, that she's the leader of the people, but the people should set the direction.
00:25:20.840So I think that's what you're seeing here with the making, increasing the tools that citizens have to give direction to their government.
00:25:30.120In terms of next steps, it's not – this is a – the legislation sets out a very rigid and formal process for a citizen-initiated petition.
00:25:45.980It's going to have to be actual forms that are obtained from our chief electoral office and sanctioned and approved with a clear question.
00:25:56.660And specific forms will be issued in an organization.
00:26:00.240Organizations will then go out and try and secure the signature, the address and the phone number and the name of the individual and get the sufficient number.
00:26:09.240I think that process is going to start fairly soon.
00:26:12.900And I'm optimistic that that number will be achieved.
00:26:16.860And then what will happen is if we do surpass the $177,000 mark, then the government will be obligated to schedule and hold a referendum.
00:26:29.960We do have municipal elections previously scheduled that are going to occur in October of this year.
00:26:35.700As to whether the timing would line up to hold the provincial referendum on separation at that time, I don't know.
00:26:48.960And so would it just be a simple majority, like 50 plus one?
00:26:53.220Yeah, so how that works, Candice, is under the Supreme Court of Canada ruling, codified in the Federal Clarity Act, is that the referendum – so let's just say, for argument's sake, that things do move that quickly, and there is a provincial referendum on separation in Alberta in October in conjunction with our municipal elections, province-wide.
00:27:16.000And what would then happen is if that passed in the affirmative with a clear majority of Albertans on a clear question, then it triggers a positive legal duty on the federal government, the provincial governments, and First Nations to enter into negotiations with Alberta as to the terms of Alberta leaving Confederation.
00:27:40.360No one can sit it out, no one has a veto, they can't just say, well, I'm not coming, the First Nations can't say, no way, we're not interested, they have to participate, that's what the law is in Canada, as confirmed by the Supreme Court of Canada.
00:27:56.400And the details will be worked on, it may be for the First Nations that they decide they want to keep their lands federal, and there'll be these little enclaves and continue to be ruled and administered by Ottawa, but that hasn't worked out so well for them either, for many of them.
00:28:13.340They may want to be – and Alberta could step into the shoes and the treaties and honour them, or they may want to negotiate a whole new relationship, that would all be on the table.
00:28:22.800And part of that agreement would include each province agreeing to amend, to issue, pass a resolution in their legislature confirming the terms of separation and succession, which would then meet the requirements for amending the constitution, that is a step.
00:28:40.140And, but then we've got the wild card, Donald J. Trump, real estate mogul, likes to acquire things.
00:28:49.360We, you know, Alberta has the third largest reserves of oil and gas, we have all, most of our cattle that's produced all goes to the United States, a lot of agricultural products go to the United States, we have a north-south trade, not an east-west trade, in terms of our economy.
00:29:05.440He could be stepping in at various times as he tends to, and he may make some kind of offer that will completely change the dynamic of the sentiment in Alberta, as well as the negotiations with the rest of Canada.
00:29:23.440Wow, unbelievable. What an interesting time for our country, for Alberta, for the future of Canada.
00:29:31.240Keith, really appreciate your time. We're going to have to have you on frequently to help us understand and have updates on this as it goes. Appreciate your time today.
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