MLA Report: Bill 1: We need more democracy and less hyperbole

By Drew Barnes on December 23, 2022.

Looking at the news this past week, you can be excused for feeling confused over the provincial government’s Bill 1.

The “Alberta Sovereignty within a United Canada Act,” certainly made a lot of headlines. Depending on what newspaper you read, it was either, “the worst piece of legislation introduced in Alberta since the Social Credit bills of the 1930s,” or, “a constitutional shield to protect Albertans from federal overreach.”

In my 10 years serving in Alberta’s Legislature, I’ve learned that hyperbole might make for interesting headlines and political posturing, but it rarely contributes to good government.

Upon the tabling of Bill 1, both the Government and Official Opposition instantly went into partisan-politics-on-steroids mode. The Opposition levied all sorts of sketchy allegations about the legislation, while the Government accused the Opposition of selling out Albertans before any substantial debate was held.

As a fully Independent Member of the Assembly, I have to tell you the truth lies somewhere in the middle.

The NDP’s assertions that the bill is unconstitutional are simply wrong, and its claims that defending provincial jurisdiction will somehow threaten the economy are spurious at best. However, I can also tell you that the first draft of the Bill presented to the Assembly was far from perfect.

As a lifelong small-c conservative I fully support sovereignty for Alberta. My support for strengthening Alberta’s autonomy has never wavered, even when some members of the current Cabinet attempted to play politics on these issues during the UPC’s leadership race. Having said this, I can tell you that Bill 1 was poorly written and confusing, while the government’s messaging was deceptively muddled.

By far the most common concern about Bill 1 is it would grant Cabinet too much power to unilaterally alter existing legislation.

The Government initially attempted to explain away these concerns, stating that no legislative changes could be made without clear direction being given by the Assembly. While this may have technically been true, it when it comes to raising the bar on proper democratic representation, we can do a heck of a lot better.

That’s why I chose (unlike the Opposition) to offer a simple and straightforward amendment to improve the bill.

My amendment was designed to ensure that the Assembly would ratify any legislative changes proposed by Cabinet – even when they are made at the Assembly’s request. To put it plainly, MLAs should get the final say, not Cabinet, and not the Premier.

Not only does this amendment clear up some muddled messaging, but it also significantly strengthens the legislation. Ultimately, the purpose of the Bill is to make a strong statement that Alberta is done with being pushed around.

There is no question in my mind that the democratically expressed wishes of the people’s representatives delivered in Assembly make a much stronger statement than an order delivered by Cabinet following a closed door meeting.

Some will tell you when you’re dealing with difficult issues like Alberta’s autonomy or pandemics, the democratic process is cumbersome, and democracy matters less.

I don’t think so. In difficult times, I believe democracy matters more. My hope is that with the departure of the dictatorial former Premier Jason Kenney, the new government agrees with me.

I want Bill 1 to ultimately be approved by this Assembly, but more importantly, I want this legislation to work for Albertans. For that to happen, Bill 1 needs to be widely accepted by the public.

The public wants less hyperbole and more democracy. Why not give it to them?

Drew Barnes is MLA for Cypress-Medicine Hat

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