Tea & Coffee w/ Paula & Jay | The Lavigne Show: Prof. Bruce Pardy joins hosts Jason and Paula Lavigne to unpack the second half of his proposed constitution for a free and independent Alberta. [The first half is available here].
Sections Covered:
7. Branches of the State and Elections
The proposed constitutional framework for Alberta emphasizes strict separation of powers and limited government, modelled partly on the U.S. system but adapted to prevent centralization. Key elements include: Bicameral Legislature: A House (population-based) and Senate (territory-based, with 50 equal-sized regions) to balance urban/rural influence, ensuring neither dominates policy. Term Limits: A president elected every three years (max two terms) and a six-year lifetime cap on all public roles to deter careerism, paired with median salaries to reduce corruption incentives. No Veto/Pardon Powers: Rejects executive overreach, ensuring legislatures pass laws without presidential interference and maintaining rule of law without exceptions. Amateur Governance: Short terms and restricted responsibilities for officials, focusing state functions on core duties (e.g., defense, infrastructure) while leaving innovation to the private sector.
8. Disempowering Judges
A simplified two-tier structure: elected trial and appeals courts (no Supreme Court) to prevent centralized judicial overreach. Judges, including non-lawyers, would serve six-year maximum terms, breaking the legal profession’s monopoly and fostering accountability. Tribunals—quasi-courts controlled by the executive—are abolished to eliminate bureaucratic “star chambers.” By allowing citizens (e.g., doctors, engineers) to serve as judges without legal credentials, the model prioritizes practical wisdom over technocratic gatekeeping, democratizing access to justice.
9. Only Human Beings are Legal Persons
The recognition of only human beings as legal entities to dismantle liability shields and curb corporate political influence. By requiring individuals to act in their own name, accountability is direct, preventing evasion through shell companies or asset transfers.
10. Citizenship
Framing citizenship as a commitment to Alberta’s sovereignty, not just residency.
11. Separation of Powers
A strict separation of powers to prevent government overreach, distinguishing roles among the three branches (Legislature, Executive, Judiciary).
12. “Crown Land” and Other Transitions
Dismantling state control over land and eliminating special Indigenous rights, prioritizing individual equality and private ownership.
13. Amendment
Key measures include a stringent amendment process requiring 2/3 legislative approval and a citizen referendum, ensuring stability while preventing overreach. The constitution omits a “notwithstanding clause,” safeguarding inviolable rights like free speech and property ownership. Power shifts from centralized governance to individuals and communities, abolishing state-controlled services (healthcare, education) in favour of private and mutual-aid initiatives.
Bruce Pardy is the executive director of Rights Probe and a professor of law at Queen’s University.
Contact us to book Bruce Pardy for an interview or appearance, or to subscribe to our newsletter:
rightsprobe@protonmail.com
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