A major hurdle in Alberta’s path to independence

Prof. Bruce Pardy has identified a significant legal obstacle to Alberta’s independence referendum: a provision in the province’s Citizen Initiative Act that prohibits any proposal from contravening sections 1 to 35.1 of the Constitution Act, 1982, which includes the Charter of Rights and Freedoms, and current Aboriginal and treaty rights. This means that any attempt to separate from Canada and create a new constitution would likely violate this provision, as independence inherently involves leaving behind the existing constitutional framework. Joining the Tea & Coffee podcast hosts Paula and Jay Lavigne, Prof. Pardy explores this conundrum further to discuss what the term “contravene” means, along with potential outcomes as the Alberta Court of King’s Bench considers a proposed referendum question from the Alberta Prosperity Project (APP) about Alberta becoming a sovereign country. Prof. Pardy warns that if the referendum retains existing Aboriginal rights and the Charter, it could undermine the goal of establishing a new governance framework. To truly pursue independence, Prof. Pardy insists the Alberta government must repeal the restrictive sections in both the Citizen Initiative Act and the Referendum Act. He believes these provisions hinder Albertans’ ability to make genuine choices about their governance and calls for a clearer understanding of the legal landscape to facilitate a successful referendum process.