Alberta made a big move this week, as Premier Jason Kenney introduced the Critical Infrastructure Defence Act in his Throne Speech to open the spring session of the Legislature.
The Act purports to “protect critical infrastructure from blockades, protests and illegal activities”.
It would designate infrastructure such as highways, railways and pipelines as critical infrastructure, meaning anyone taking part in protest activities at these sites would be facing hefty fines and possibly jail time. Individuals could face fines of up to $10,000 and $25,000 for first and subsequent offences, as well as possible prison time of up to six months.
Corporations that aid, counsel, or direct the commission of an offence could face fines of up to $200,000. In addition, where a corporation commits an offence, the officer, director or agent of the corporation who directed or authorized it would be liable to penalty.
“The right to protest does not include being able to prevent your neighbours from getting to work and putting food on the table, or threatening their security,” Kenney said. “Albertans expect their government to deal with lawlessness and stand up for the values that all law-abiding citizens share. This government is doing just that.”
Kenney is likely to have a great deal of support from Albertans on this law, though it remains to be seen if it would stand a legal test if enacted. Canada’s Charter of Rights and Freedoms gives everyone the right to freedom of peaceful assembly and free speech.
There is no doubt that the law will be challenged, although the issues around it are very complex.
Kenney made a few comments about the pending law on his Facebook page, and while there was support, comments quickly devolved into a troll versus troll dog fight, so it remains to be seen how it will play out in real life. I suspect the majority will support it.
It’s been an up and down week for Kenney. On the down side, Teck Resources announced that it would not be going ahead with plans to build a huge oilsands mine. Teck CEO Don Lindsay blamed politics, saying the mine had become a lightning rod for all today’s current political controversies, including climate change policy and Indigenous rights.
Teck stepping back spared the Trudeau government the need to make the call on whether to issue the permit for the mine. Turning it down would have taken Western alienation to a whole new level. Approving it would have brought the federal Liberals problems of their own with their voters who want action on climate issues. A sigh of relief for Trudeau, no doubt.
Former NDP Premier of Alberta, Rachel Notley, took the opportunity to cast the finger of blame at Kenney for Teck backing out, saying Alberta is driving away investors by not having a framework that can balance growth with sustainability. She includes having a carbon tax in this framework.
Now the carbon tax is loathed by a great number of Albertans, and just this week, the Alberta Court of Appeals ruled the federal carbon tax unconstitutional because it infringes on provincial jurisdiction. That’s on the upside of the week for Kenney, who has been railing against the tax since he was elected.
The Alberta government promptly demanded that the federal government immediately agree that it cannot apply the carbon tax to Alberta in light of the court decision.
It will be interesting to see how the feds respond to that, and also how they respond to the law to fine, and potentially, jail, those who gather to protest.
Turbulent times, in Alberta and across the country, continue.
