The Saskatchewan First Act is an act first introduced on November 1, 2022, during the third sitting of the 29th Saskatchewan Legislature. The act was passed on March 16, 2023.[1][2][3][4] The purpose of the act is to confirm Saskatchewan's autonomy and to re-assert its constitutional jurisdiction over natural resources.[2][5] The act has faced concerted opposition from Indigenous nations.[6] Attorney General Bronwyn Eyre has written forcefully in support of the legislation, arguing that it will fight federal intrusion on exclusive provincial rights, as enumerated in Section 92 of the British North America Act.[7] Eyre also publicized her bill to such bodies as the Saskatchewan and Regina Chambers of Commerce.[8] Blockades, which had been threatened by Indigenous leaders in December 2022, had not occurred as of December 2023.[9]
| Saskatchewan First Act | |
|---|---|
 | |
| Legislative Assembly of Saskatchewan | |
| |
| Territorial extent | Saskatchewan |
| Enacted by | Legislative Assembly of Saskatchewan |
| Enacted | March 16, 2023 |
| Legislative history | |
| Bill citation | Bill 88 |
| Introduced by | Attorney General Bronwyn Eyre |
| Introduced | November 1, 2022 |
| First reading | November 1, 2022 |
| Second reading | November 28, 2022 |
| Third reading | March 16, 2023 |
| Status: In force | |
Background
The Saskatchewan Party government, led by Premier Scott Moe since 2018, has been a persistent critic of federal environmental legislation. In 2018, Saskatchewan launched an unsuccessful court challenge against the federal Greenhouse Gas Pollution Pricing Act; Saskatchewan argued that the act was unconstitutional, but in March 2021, the Supreme Court of Canada ruled that it is in fact constitutional.[10] Saskatchewan also acted as an intervenor against the federal government in Alberta's successful constitutional challenge against the 2019 federal Impact Assessment Act, which was struck down in 2023.[11]
After the 2019 federal election, Moe called for a "New Deal with Canada", espousing sentiments of western alienation and demanding expanded provincial powers in areas like immigration, taxation, and policing.[12][13][14] After the 2020 provincial election, in which the separatist Buffalo Party received more than 2.5% of the popular vote, Moe addressed Buffalo supporters, saying "[w]e share your frustrations, and we share many of your objectives" and calling for more "independence" and "autonomy" for the province.[15] Moe reiterated these calls after the 2021 federal election, suggesting that Saskatchewan should be considered a "nation within a nation".[16]
In October 2022, Moe's government released a white paper on provincial autonomy titled "Drawing the Line: Defending Saskatchewan's Economic Autonomy." The paper claimed that the province stood to lose more than $100 billion by 2035 due to federal environmental policies and asserted that the province was prepared to attempt further court actions against pollution regulation; it also reiterated Moe's desire for more provincial power in taxation, immigration, and other areas.[17] The paper was widely criticized for its economic analysis and its lack of attention to Indigenous peoples and rights.[18][19][20] However, the paper promised the introduction of a bill addressing federalism in the fall legislative sitting.[17]
Legislative history
The Saskatchewan First Act was introduced on November 1, 2022.[5] The bill passed a second reading on November 28, with six members of the Opposition New Democratic Party joining the governing party in voting in support of the legislation.[21][22] The bill passed its third and final reading on March 16, 2023.[23]
A first tribunal was named under the Saskatchewan First Act on November 28, 2023, to inquire into the federal Clean Electricity Regulations,[24] which are to be implemented under the Canadian Environmental Protection Act, 1999,[25] as administered by the Minister of the Environment.[26]