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Government of Alberta challenging use of Emergencies Act

Federal court has granted Alberta’s application to intervene on the non-constitutional issues
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The Government of Alberta says it is taking action against the federal government’s “unnecessary use” of the Emergencies Act.

On Friday, the provincial government said the federal court has granted Alberta’s application to intervene on the non-constitutional issues, such as the invocation of the Emergencies Act, since the province already had the legislative tools necessary to stop illegal blockades.

Alberta has also advised the federal court of the province’s participation on the constitutional issues that have been raised. With the court order allowing Alberta to intervene, Alberta will be involved in all issues raised before the court, constitutionally and non-constitutionally.

“We will protect our province from the dangerous precedent set by the federal government in pointlessly invoking the Emergencies Act,” said Premier Jason Kenney.

“Their decision to invoke the act violated the constitutionally guaranteed rights of Albertans, and all Canadians. It is our duty to do everything we can to protect Albertans’ freedoms and liberties from this kind of breach. No government should have the power to seize a person’s property or withhold access to their assets without due process of the law.”

Tyler Shandro, minister of justice and solicitor general, said certain matters fall under the responsibility of each province.

“This federal government tactic was an unjustified violation of provincial jurisdiction under Canada’s Constitution, especially when the blockades at the Coutts and Windsor borders were effectively resolved without the federal Emergencies Act,” said Shandro.

Alberta’s government said it is taking the necessary steps to ensure the province can make its position heard before the court.

Irfan Sabir, NDP critic for justice, responded to comments from the premier on Friday.

“Jason Kenney’s argument that his government had the tools it needed to disperse the illegal blockade at Coutts underscores the fact that he refused to use these tools,” said Sabir.

“For 18 days, he refused to seek a court injunction to disperse it, and refused to use the province’s power to rescind the commercial drivers’ licenses and insurance held by the people illegally blocking a major trade corridor.”

Sabir said UCP MLAs “actively cheered on and participated” in the blockade, which caused millions in damage to the Alberta economy.

“The blockade was later raided by the RCMP, who found weapons, ammunition and body armour. Several people are facing criminal charges, including conspiracy to murder police officers. Yet these UCP MLAs have faced no consequences or reprimand for their actions,” said Sabir.

“Jason Kenney and the UCP have abandoned the rule of law. Albertans can’t trust the UCP to protect our economy or to confront extremism.”



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