The Notwithstanding Clause can only be used against a selection of Charter rights. It doesn’t apply to provincial and F federal responsibilities under Ss. 91 and 92 of the Constitution Act.
At present, Smith has advanced a platform. No legislation has actually been tabled. There’s not statute to challenge yet. The courts cannot step in against proposed legislation; there needs to be something justiciable before the Courts.
She may well pass legislation that will purport to upend certain constitutional divisions of power, but anything egregious will shake out in court, and potentially reasonably quickly. More nuanced matters will take time.
If Alberta’s legislature wants to legislate things that are within their power - a pension plans a provincial police - they can go nuts. If they try to legislate ultra vires the provincial authorities, like trying to exempt themselves from valid federal statutes, they’ll end up looking kind of dumb. Will that help fuel some rabble rousing from the less informed part of the electorate? Sure. Will it achieve an actual ‘win’ in the end? Unlikely.
