Federalists have claimed that Premier Danielle Smith and Alberta independence supporters have committed treason under the Criminal Code. The claim misstates both the law and the relevant sections of the Criminal Code.

The offence itself is defined primarily in Section 46 of the Criminal Code.

Under Section 46, high treason includes acts such as using force or violence to overthrow the Government of Canada and assisting an enemy at war with Canada.

The Criminal Code is directed at violent or hostile acts against the Canadian state, not peaceful political advocacy. Advocating for Alberta independence through lawful, democratic means is not a criminal offence.

Canadians are protected by the Canadian Charter of Rights and Freedoms, which guarantees freedom of expression, freedom of association and democratic participation. Citizens are free to advocate for constitutional change, including provincial independence, provided they do so peacefully and within the law.

Canada has already confronted this issue.

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In its landmark 1998 Reference re Secession of Quebec, the Supreme Court of Canada held that while a province cannot unilaterally secede under Canadian law, a clear referendum result in favour of independence would create a constitutional obligation for all parties to negotiate. The court did not suggest that advocating for independence was illegal or treasonous.

Parliament later enacted the Clarity Act, establishing the framework for any future secession negotiations following a clear referendum result.

No Alberta politician or registered referendum campaign has been charged with, or accused by law enforcement of, treason for advocating a referendum or independence.

Political advocacy — even for fundamental constitutional change — is protected speech in Canada when conducted peacefully and democratically.