Law professor says there’s room for jurisdiction legislation in Saskatchewan

Dwight Newman believes it’s a mistake to simply dismiss the provincial government’s policy paper on government jurisdictions.

Premier Scott Moe released the paper Tuesday, outlining what he claims is federal government intrusion into provincial jurisdiction – particularly around natural resources – and how much it’s expected to cost Saskatchewan.

Newman is a law professor and researcher at the University of Saskatchewan, as well as the Canada Research Chair in Indigenous Rights in Constitutional and International Law, and author of a number of papers and books on constitutional and indigenous issues.

“This is a document that now, after a series of discussions over the summer – and they’re referenced in the report that there was listening to people all over the province – that now there’s a bit more of a direction and plan in terms of steps that the province might take to assert its jurisdiction more firmly within confederation,” said Newman, speaking with CKOM/CJME’s John Gormley Wednesday morning.

Newman said the document continues a conversation Moe opened about a year ago when he started talking about Saskatchewan as a “nation within a nation.” The professor said the paper speaks to the province’s intentions and makes its assertions around federal intrusion clear.

“It’s not just federal legislation that’s on the table when you’re talking about environmental regulation that interferes with these areas of provincial jurisdiction,” said Newman.

The province can’t just change Canada’s constitution, Newman explained, but there could be some room for changes when it comes to the division of power.

“There may be ways that a province can effectively legislate in a way that captures more of that space, or re-captures more of that space,” he said. “And this was what the document seems to be pointing towards.”.

Moe didn’t say much about the legislation which the paper will support during his event Tuesday, but more details are expected to be tabled in the fall sitting, and the premier said more would be revealed in the Speech from the Throne next week.

Newman said the provincial government has some great constitutional advisors and has often “punched above its weight” in constitutional matters.

“Saskatchewan, I think, will have some creative ideas there, and we can talk about the details of them when we see them,” said Newman.

According to Newman, Moe’s goals are more possible than some people assume.