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Alberta Premier Danielle Smith is sending four major constitutional reform proposals to a provincewide vote on October 19, but other premiers are keeping their cards close on whether they support them. Experts say two proposals could gain provincial backing, but federal and cross-country hurdles remain.
Alberta Premier Danielle Smith is sending four major constitutional reform proposals to a provincewide vote on October 19 as part of a broader referendum that also includes a question on Alberta separation.
Alberta's Constitutional Reform Proposals
The proposals, three of which would likely require the support of seven legislatures representing over half of Canada's population known as the 7/50 rule plus Parliament, are among 10 questions she is putting to Albertans. Smith's ideas are to abolish the Senate, let Alberta rather than Ottawa pick provincial King's Bench and Court of Appeal judges, allow Alberta to opt out of federal programs without losing the associated funding, and give provincial laws standing over Ottawa's when jurisdictional disputes occur.
Her government concedes on its referendum website that abolishing the Senate, which would require unanimous cross-country support and the support of the Senate itself, is a non-starter for other political leaders. The premier's office says there is support for the other proposals and that targeted amendments to Canada's legal and administrative spine are more likely to become reality. That is why it wants a mandate from Albertans to proceed.
Provinces across the country are tired of federal overreach and want more authority within Confederation, not less, said Ryan Fournier, a communications adviser to Smith. The Canadian Press reached out to premiers across the country to ask whether they supported Smith's proposals, but many did not respond to repeated requests. Some, such as Saskatchewan Premier Scott Moe's office, said they would not be commenting, and those who did respond did not answer directly.
This is a matter for Albertans to consider through their referendum process, said a spokesperson for Northwest Territories Premier R.J. Simpson. Nunavut Premier P.J. Akeeagok's office said the territory is rich in resources that benefit the rest of Canada and the world and needs external supports to bring those resources to market.
Western Leaders Weigh Alberta's Vision
It said Nunavut intends to make its mark in partnership with other governments and private industry, and support measures that build a stronger Canada. Yukon Premier Currie Dixon said he looked forward to hearing what Albertans have to say on the Constitution but did not offer an opinion. He did voice support for Alberta remaining in Canada, referring to the separation question.
While I know Albertans have a number of grievances with the federal government, it is my hope that Alberta will continue to stay in Confederation, Dixon said. Gerard Kennedy, a constitutional law professor at the University of Alberta, said Smith's office is correct that there could be enough support from other provincial governments to take two of the proposals beyond the ballot: having provinces pick provincial judges and opting out of federal programs without financial punishment.
It is extra provincial power, why would they not want it, Kennedy said. To me, the big problem is going to be getting the federal Parliament to agree, because the federal government would have to be agreeing to reduce its own power for nothing in return.
Ottawa Rejects Judicial Appointment Changes
Smith, Moe, Ontario Premier Doug Ford and former Quebec premier Francois Legault penned a letter to Ottawa in March asking that all provincial Appeal Court and Superior Court judges be appointed from a pre-approved list submitted by the provinces. Federal Justice Minister Sean Fraser quickly shut the issue down, saying Ottawa was not considering changes to the judicial appointment process.
He pointed to advisory committees set up across the country that review and advise on judicial applications to say that provinces already have input, since each government appoints some of the committee's members. Kennedy said the proposal about giving provincial laws paramountcy over federal laws probably will not go anywhere, adding that there was no federation in the world with that setup.
He said regardless of the support that may exist, Alberta could be opening a can of worms if it makes serious efforts at working with other provinces. The problem if you open up constitutional negotiations is that some other provinces are going to have their pet projects and they will say well we will not agree to amend the Constitution on terms favorable to Alberta unless they are also amended on terms that are favorable to New Brunswick or Quebec, he said.
And then you end up having a package and too many provinces will not like some part of the package and then it does not get through. Some changes can be made with only the support of Parliament and the province that is being affected by the amendment. An example was in 2001, when the Constitution was amended to change the name of Newfoundland to Newfoundland and Labrador.
Uncertain Prospects for Alberta's Referendum
Alberta could try to go that route, Kennedy said, but the effort would likely end up in court, as granting the province special privileges others do not have would go against the presumption that all provinces are treated equally. Despite the premier and her office hinting that they are committed to lobbying other provinces should the four proposals get majority approval on October 19, some doubt Smith is willing to put in the effort.
Smith framed her referendum questions as presenting Albertans with a plan to better the province's standing within Confederation so that voters do not resort to separatism. She has also blamed federal immigration policy for Alberta's overburdened health and education systems. Calgary-based political scientist Duane Bratt said the constitutional questions feel like an afterthought for the referendum. Bratt said he would feel differently if the questions were a bigger part of the premier's messaging or the campaign.
The referendum is set for October 19, and the results will determine whether Smith's government pursues the proposals with other provinces and Ottawa.
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CTVNews:Premiers keeping cards close on constitutional changes pitched in Alberta referendumThis story was compiled and edited by the HeadTopics newsroom and HT AI from the reports above.
Alberta Danielle Smith Constitutional Reform Canadian Politics Senate Abolition Alberta Constitutional Reform Danielle Smith Referendum Provincial Judge Appointments 7/50 Rule
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