What would Alberta’s constitution look like after independence?

Law professor Bruce Pardy outlines a legal blueprint for Alberta independence if a referendum succeeds.

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Article by Rebel News staff

In a wide-ranging interview, Ezra catches up with constitutional law expert Bruce Pardy to discuss the growing debate around Alberta independence and what it says about the state of Canada.

Pardy, a professor of law at the prestigious Queen’s University in Kingston, Ontario, has become one of the more prominent academic voices examining what an independent Alberta might look like, including how its legal system and constitution could differ from Canada’s current framework.

During the long-form conversation, the two explored why the idea of separation, once dismissed as fringe, is now being discussed far more seriously. The reason goes deeper than partisan politics. In his view, many Canadians have come to believe that the country’s core political structures are no longer capable of meaningful reform.

For some Albertans, that frustration has led to a stark conclusion: if Canada cannot be fixed, leaving it may become the only realistic path to change. A key part of the discussion focused on whether Alberta could legally separate from Canada.

Pardy explained that the Supreme Court of Canada’s ruling on Quebec’s secession established the basic framework. If a province held a referendum with a clear question and received support from a clear majority of voters, it would create a mandate to negotiate separation with the federal government.

Such negotiations would not guarantee independence, but they would open the door to redefining the country’s constitutional order.

The interview also touched on what a new Alberta constitution might look like if independence ever occurred. Pardy suggested that rather than simply copying Canada’s system, Alberta could design a structure that sharply limits government power from the outset.

Under that concept, the state would only be allowed to exercise powers explicitly granted in a constitution, rather than assuming broad authority and carving out exceptions through rights protections.


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COMMENTS

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  • Barry Pontius
    followed this page 2026-03-12 19:23:05 -0400
  • chris macdonald
    commented 2026-03-10 20:04:52 -0400
    Canada like Scotland has little unity in its history, that’s why Scotland lost its monarchy. The clan system was its undoing. Canada without the monarchy would be like America, same with Alberta.
  • Douglas Hendrickson
    commented 2026-03-10 18:53:51 -0400
    They made us a part of THEIR domain in 1905
    ALL independency OUR INDEPENDENCE being from then to now SUBSUMED under Ottawa’s all encompassing rules.
  • Douglas Hendrickson
    commented 2026-03-10 18:48:57 -0400
    Will they decolonize ?
    Or will we have to DECOLONIZE them!
  • Douglas Hendrickson
    commented 2026-03-10 18:35:55 -0400
    not WE that will separate – we’re NOT GOING ANYWHERE
    they, the easterners that want to continue to control us, they must GET OUT, LEAVE US to OUR OWN CONCERNS.
  • Anthony Salotti
    commented 2026-03-10 08:18:26 -0400
    No matter what the problems will be for Alberta if they do it right separation will work for them . There could be some growing pains at the beginning but let’s hope it works out .
  • Calvin Arnt
    commented 2026-03-10 07:19:39 -0400
    I agree with you Ezra, that we don’t have to give up on all our ties to the mother country (UK). The monarchy didn’t give us the problems we have today, bad governance and bad policy did. That emitted from political leadership. And bad policy occurs in republics as well, so there’s no guarantee that changing to one will ensure things are better. Bruce is right that about 1/3 of the population doesn’t care either way, so let’s make the woo-ing of their vote to independence as easy on them as possible, and that’s by changing the fewest amount of things. Alberta could be a separate dominion under the crown and still independent of Canada with its own constitution. Getting rid of everything would be harder to sell to that 1/3, and we would miss so many good traditions that were developed over centuries and which are good. The UK was a leader in developing democracy ever since 1215 & we will be poorer for it if Alberta rejects everything.
  • Lloyd Zilinski
    commented 2026-03-10 01:01:59 -0400
    I disagree with Ezra about the trappings of the monarchy. I would agree that Alberta could and perhaps should remain as a member of the British Commonwealth but Alberta should be a Republic with two houses in the legislative branch, a Congress or Legislature and a Senate. No more king or queen and no governor-general. We can retain some of our history this way, while moving forward in developing our new nation. Several Commonwealth countries now have elected heads of state rather than using the British monarchy to that end.
  • Darlene Cooper
    commented 2026-03-10 00:24:18 -0400
    The indigenous are taking Alberta Independence to court on April 7th. We are hoping to have all signatures collected and handed in by the end of March as the federally appointed judge will likely rule in favour of the indigenous halting further gathering of signatures for the petition.
  • Gordon Miller
    commented 2026-03-09 22:36:08 -0400
    Ezra, your sentimentality for our British heritage would be the absolute downfall of any constitutional renewal in Alberta or Canada. Yes, the British got us off on the right foot, but look at Britain now. It’s not working. The British Empire has been evil. The British people have not been evil, but the Empire has. We need to completely separate from that evil heritage.

    Bruce Pardy could save Canada if we could only find a way to let him rewrite our Constitution, but like he said, it can’t be done.
  • Don Armitage
    commented 2026-03-09 22:20:52 -0400
    Brilliant commentary by Bruce Pardy. He is spot on that Danielle Smith’s referendum questions are going to muddy the waters. There can be a 100% yes vote on all those questions and NOTHING will happen to change any of that unless the independence referendum passes and Alberta thereby gains the leverage to actually get those things and a whole lot more changed, if that is the way they choose to go. Personally I think a clean break from the cesspool that Canada has become is preferable.
  • Bruce Atchison
    commented 2026-03-09 21:18:51 -0400
    I enjoyed Bruce Pardy’s take on Alberta’s new constitution. Making a clean break from the Westminster system will allow Albertans to craft laws that are best for the province, not outside interests.

    What a great idea, Ezra, to buy out the indigenous people like the UK bought and freed slaves. Indigenous folks are slaves of their chiefs and of Ottawa. But what if some tribes want to stay in Canada? Will they be islands of misery in our land of plenty? How can we make them free and equal when some, with vested interests in the status quo, won’t accept land or money?

    ☺ I also bet this won’t get read on air as it’s too long.
  • Susan Ashbrook
    commented 2026-03-09 21:01:32 -0400
    Excellent discussion! While I am hoping that we can reform Canada to be more equal, fair and united, I also understand that the status quo is more to the liking of the “ruling class”. Alberta separation is going to be an interesting exercise in democracy.