I've been practicing on a demo account for quite a while now and was ready to bite the bullet and open a real account and start trading. To my surprise Alberta regulations with the Alberta Securities Commission (ASC) only allow accredited investors to trade with brokers regulated in Canada. And to become an accredited investor one would need an income of over 200k a year, or assets exceeding $5 million. As this is far out of reach for the majority of individuals including myself, I was wondering if anyone had any suggestions as to how I could start trading without having to move provinces. Thank you.
submitted by I am a practicing lawyer, rather than an academic or expert on jurisdictional powers, but I feel this has to be said. If I'm screaming into the void, so be it. I break it down by sections. Keep in mind too, it is draft 1, the assembly will now debate a number of times before voting.
Obviously: not legal advice. I could be way off base.
tl;dr: this Act is full of sound and fury, signifying nothing. It is premised on a legal fiction Smith is perpetuating in order to signify values for the May election, which I don't think is a surprise to anyone here. Her opponents and supporters should both be alarmed at resources and valuable debate time being wasted on this. To her supporters, there are more proper and legally effective ways to protect Albertan interests.
PREAMBLE Preambles signify the purpose of a bill to Judges who may need to read it, and MLAs and the public who may vote on it. There is a
lot here, but the fundamental assumption is the Feds have already and continue to breach the Constitution Act of 1867. It states this must be remedied by the Alberta Legislature.
Legally, the power to interpret and enforce the Constitution Act of 1867 and subsequent currently lies with the Courts. It is one of their primary roles in our democracy. They have successfully been protecting both Federal and Provincial legal jurisdictions so far. To change this would require a Constitutional Amendment which cannot be done unilaterally by one province.
The Emergencies Act inquiry has only just concluded. We do not have findings yet, nor has any challenge to the EA been ruled on yet, though some are pending.
DEFINITIONS Most of this is boilerplate, but details matter.
It defines "federal initiative" as basically any action the feds take. Not just passing laws... any action.
It also defines "provincial entity" as including any entity which receives public funds. Private groups and non-profits that receive grants are subject to this.
"Harm" is undefined. E: the fact it is this vague is no doubt on purpose. What about things that are painful but necessary, like taxes? Like... carbon taxes?
INTERPRETATION This is what everyone needs to pay attention to. The rest of the Act is subject to this section.
It basically says that no matter what action is taken under the Sovereignty Act, the Constitution Act and federal laws must still be complied with. But the basic concept of Bill 1 is to prevent federal laws from encroaching into Albertan jurisdiction.
My brain has trouble reconciling this. Either the intent is that Alberta can now interpret the Constitution as it wishes, or actions under this Act are intended to have little legal effect. I believe it is the latter - this is a dog whistle for the May election.
I have a separate rant about the aboriginal rights portion. tl;dr is you can't just silo off aboriginal rights, any action the government takes is part of an ongoing conversation between our peoples, and s.35 is imperfect in and of itself.
RESOLUTIONS, POWERS of LT. GOV The Basic process is: the federal government does something that harms any Albertan. The Legislature passes a motion asking the Lt. Governor in Council (basically, the Cabinet) to direct a Minister to remedy it, who then has broad powers they can enact.
E: I should be clear, the Cabinet's powers are
very broad, and in theory would be taking actions normally requiring a majority vote in the Assembly.
The Cabinet is not bound, they may ignore the request and can only act if it is in the "public interest". E: However, this is not much of an obstacle.
The Minister will be in a quandary if directed: they cannot disobey federal law or the Constitution, but are directed to fix the "harm". This will require very creative politicking.
I encourage everyone to read
this article, quoting Eric Adams, a respected constitutional scholar. AUTHORITY The ministerial action can then last up to 2 years, extended by Cabinet another 2 at most. The Legislature can rescind it at any time.
EFFECT Basically, this section is saying anyone directed to do something under this Law cannot ignore the direction. No penalty is specified.
NO CAUSE OF ACTION Boilerplate, basically you can't sue a government agent for following the law. Lots of laws have this.
JUDICIAL REVIEW Outlining process. The important part is it imposes "patent unreasonableness" as the standard, which is one of the highest standards for judges to overturn an administrative decision. Not too surprising.
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