The Constitutional Question: Can Alberta Actually Leave?

CDK
Submitted by ecoadmin on

The Legal Framework

The Constitution has no secession clause. The Supreme Court's 1998 Reference re Secession of Quebec established key principles.

Key Findings

  1. No province can unilaterally secede
  2. A clear majority on a clear question creates duty to negotiate
  3. Secession requires constitutional amendment
  4. No guarantee of success

The Clarity Act (2000)

Parliament determines whether the question and majority are clear. Federal government won't negotiate unless both conditions are met.

Quebec Precedents

1980: 59.6% No. 1995: 50.6% No (margin of ~54,000 votes). Even near-success did not lead to independence.

Practical Challenges

  • Alberta is landlocked
  • First Nations treaties are with Canada, not Alberta
  • Share of national debt: $40-80 billion
  • Currency and banking questions
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