Fact Check: Is constitutional reform really just one election away?
Constitutional reform isn't simply something an Alberta government or the federal government can deliver after winning another election. But a referendum can trigger negotiations without the permission of Quebec and Ontario.
Former premier Jason Kenney has argued Alberta should pursue reform within Canada. Constitutional lawyer Keith Wilson says the structure of Confederation makes major reform extraordinarily difficult without leverage.
The Constitution supports part of Wilson’s argument.
Major changes, including altering Senate powers, how senators are selected or how many senators each province receives, require Parliament plus at least seven provinces representing 50% of Canada's population.
Alberta currently has just six senators, compared with 24 each for Ontario and Quebec.
And federal law adds another obstacle to many constitutional amendments: Ottawa generally cannot introduce them without consent that includes Ontario and Quebec, among other regional requirements.
In the 1998 Quebec Secession Reference, the Supreme Court ruled that a clear majority answering a clear question in favour of secession would create a constitutional duty to negotiate.
So constitutional reform isn't simply something an Alberta government or the federal government can deliver after winning another election. But a referendum can trigger negotiations without the permission of Quebec and Ontario.
Sheila Gunn Reid
Chief Reporter
Sheila Gunn Reid is the Editor-in-Chief, Alberta Bureau Chief, member of the board of directors, and host of The Gunn Show at Rebel News. Sheila also serves as President of the Independent Press Gallery of Canada. A mother of three and longtime conservative activist, Sheila is the author of bestselling books, including her most recent release, Independence Blueprint: What Alberta Can Learn From Quebec.
https://mybook.to/sheila
