Fact Check: Is Jason Kenney right that an independent Alberta would lose Canada’s trade agreements? Not really

International law provides mechanisms for a successor state to seek continuity, accede to existing agreements or negotiate temporary arrangements.

 

Former Alberta premier Jason Kenney says separation would mean Alberta automatically losing access to Canada’s treaties and free-trade agreements.

“We leave Canada, we leave all of Canada’s treaties and free trade agreements,” Kenney posted on social media. “Past time for separatists to speak to this and all the other inconvenient truths.”

Lawyer Keith Wilson responded that an independent Alberta would need to negotiate its own treaties and trade arrangements, but argued the transition would be manageable.

So, who is right?

On the narrow legal question, Kenney is largely correct.

Canada’s trade agreements belong to Canada. An independent Alberta would become a new sovereign country and could not simply assume that it remained a party to agreements negotiated and ratified by the Canadian government.

That includes the Canada-United States-Mexico Agreement, or CUSMA (also known as USMCA). The agreement names Canada, the United States and Mexico as its parties. Alberta is currently covered because it is part of Canada, not because it independently signed the agreement.

International law does provide mechanisms through which a successor state can seek continuity, accede to existing agreements or negotiate temporary arrangements. According to the United Nations’ work on state succession, newly independent countries have frequently used declarations of succession and negotiated devolution agreements to preserve treaty relationships.

In other words, Alberta would not automatically inherit Canada’s entire treaty network, but neither would it necessarily awaken on independence day economically sealed behind a maple-leaf curtain.

Wilson argues Alberta would have years to prepare before any constitutional change took effect. The province has its own trade officials, lawyers, public servants and negotiators who could pursue continuity agreements during separation negotiations.

Alberta would also bring considerable leverage to the table. Wilson cited its more than $470-billion economy, its role as a major North American energy supplier and its enormous purchases of goods and services from the rest of Canada.

Canada and the United States would have strong economic reasons to avoid disrupting established energy supplies, pipelines, transportation networks and commercial relationships.

Negotiations could be difficult, and other governments would pursue their own interests. There could also be periods of uncertainty for investors and exporters.

But losing automatic coverage under Canada’s trade agreements is not the same thing as losing the ability to trade.

Countries trade without comprehensive free-trade agreements every day. The differences involve tariffs, market-access rules, customs procedures and regulatory barriers, not an automatic shutdown of commerce.

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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.

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COMMENTS

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  • Fran g
    commented 2026-09-02 13:30:32 -0400
    Let the adults in the room like Danielle Smith and Scott Moe do the negotiations.
  • Bruce Atchison
    commented 2026-09-01 19:53:54 -0400
    What a dope Kenny is. We can negotiate our own deals which would be better than what we have now.
  • Bernhard Jatzeck
    commented 2026-09-01 15:29:54 -0400
    I recall that Kenney didn’t do a whole lot for Alberta independence while he was premier.