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Published: October 16, 2022
In an attempt for more regional autonomy to develop its natural resources, Scott Moe, the Premier of Saskatchewan, says he may follow Quebec’s example and make unilateral changes to the constitution. Moe issued a white paper this week titled "Drawing the Line: Defending Saskatchewan's Economic Independence," detailing how he is prepared to fight what he calls federal government interference and intrusion into the provincial jurisdiction over natural resources. The premier also stated that the next step is to introduce legislation "to clarify and protect the province’s constitutional rights," with more details expected in his upcoming speech on October 26. While Daniel Westlyke, a political studies professor at the University of Saskatchewan, told CTV News Saskatoon that this may require approval from the federal government and seven provinces to amend the constitution, Moe told CTV in a question period that he can follow the example of Quebec Premier François Legault and make “unilateral” changes to the constitution. Also, Legault’s CAQ government passed Bill 96 in May 2021, which, among other controversial steps, amended part of the constitution to affirm that Quebec is its nation with French as its official language. At the same time, Legault’s government used the notwithstanding clause to protect Bill 96 from legal challenges under the Canadian Charter of Rights and Freedoms. Similarly, in an interview aired Sunday, Moe said: “Any constitutional changes that may be required will be similar to what we have seen in how Quebec recently changed the constitution unilaterally, so we see that if unilateral changes have to happen with the constitution as we move forward, we do it in a similar manner.” He said there is “a lot of room” for provinces to push for more independence from the federal government and to "reassert their regional jurisdiction," specifically with natural resource development. Moe added that where Quebec was allowed to make a unilateral constitutional change because it only affected Quebec, he believes the same rule will apply to Saskatchewan, as he “expects Saskatchewan to have the same right.” Meanwhile, Moe faced criticism for his lack of consultation with Indigenous communities while writing the white paper, notably from the Federation of Sovereign Indigenous Nations (FSIN), which represents 74 First Nations in Saskatchewan, where an FSIN statement described Moe’s plan as "a violation of inherent and treaty rights of the First Nations." FSIN Vice-President Heather Bear wrote in the statement: "The premier should do better and must honor his commitments to First Nations before developing plans that will undoubtedly impact our nation." In the same context, Moe stated that municipal councils held across the province in preparation for the white paper did not consult any community leaders, municipalities, business groups, companies, or Indigenous leaders, but rather individuals under those umbrellas. Moe also said the timing of his white paper has nothing to do with Daniel Smith becoming the next premier of Alberta, after Smith was elected leader of the United Conservative Party in Alberta on October 6, following a campaign largely focused on the proposed Alberta Sovereignty Act. If passed, the act would grant Alberta’s legislature the authority to disregard federal laws it deems not in Alberta’s interest. But Moe said his push for more autonomy from the federal government is far from Smith’s promises to do the same.
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