This is a draft prepared by one contributor, published for public discussion. Nothing here is an adopted position of the project or a proposal it endorses. The purpose is to learn where Albertans agree, disagree, and want changes.

Constitutional Amendment Process

Full Text
Summary
Background
Revisions
Discussion

Amendment by Legislative Supermajority and Referendum

Sets out the standard way to change this constitution: two-thirds of Assembly members must approve, and then a majority of Albertans must ratify the change in a province-wide referendum. This is a new requirement; Alberta has no written provincial constitution today.

Citizen-Initiated Amendments

Lets ordinary Albertans propose constitutional changes through a petition process, followed by independent legal review and a binding province-wide referendum. This extends Alberta's existing citizen initiative law into the constitutional sphere for the first time.

Entrenched Clauses

Identifies that certain parts of the constitution are locked behind a much harder process: a constitutional convention and unanimous agreement from every electoral district in the province. The specific list of those protected provisions appears in Article XV.

Emergency Amendments

Allows temporary changes to the constitution during declared war, insurrection, or external threat, if three-quarters of the Assembly agree and a Judicial Oversight Commission certifies the change is necessary. Any such change expires within one year unless Albertans ratify it in a referendum.

Interpretation

Directs courts to read this article in a way that favours deliberative democracy, constitutional stability, and the right of Albertans to approve any lasting change to their government. This is consistent with how Canadian courts already interpret constitutional text.

Constitutional Conventions

Requires the province to establish by law how constitutional conventions work for amending entrenched provisions. Until that law exists, the Assembly can start a convention by a two-thirds vote, but any outcome still needs unanimous district-level approval to take effect.
  • Standard amendments require a two-thirds Assembly vote and a province-wide referendum
  • Citizen-initiated amendments by petition, legal review, and referendum
  • Certain provisions are entrenched and amendable only by constitutional convention with district-wide unanimity
  • Temporary emergency amendments with a three-quarters threshold, sunset, and judicial certification
  • Statutory framework for constitutional conventions, with an Assembly fallback

Why this article is proposed

Provincial constitutions can include their own amendment procedures. Without one, any rule in the provincial constitution could be changed by simple majority of the Assembly. This article would make ordinary amendment require a two-thirds Assembly vote plus a province-wide referendum, and would make a smaller list of entrenched provisions require a constitutional convention plus district-wide unanimity.

What it would change

The standard amendment route is a two-step process: Assembly supermajority followed by referendum. The article also creates a citizen-initiated amendment process, an emergency amendment process limited to declared war or insurrection with a one-year sunset, and an interpretive direction favouring deliberative democracy. The most demanding rule, applicable only to the entrenched provisions listed in Article XV, is unanimity of all electoral districts at a constitutional convention.

The legal basis

Constitution Act, 1982 s.45 lets the legislature of each province amend the constitution of the province exclusively. That includes the power to prescribe how the provincial constitution itself is amended. The article does not touch any subject within ss.41, 42, or 43, so it is reachable by Alberta acting alone.

Open questions

Three questions for Albertans: whether the thresholds (two-thirds Assembly plus majority referendum) are the right balance between stability and democratic responsiveness; whether the entrenched list (six articles, all involving rights or fiscal restraint) is the right scope of entrenchment; and whether district-wide unanimity at a constitutional convention is a workable threshold or a permanent freeze on entrenched provisions.

Revision 1 2026-05-20
major

Initial draft of Article V from the v2 draft constitution, with per-section classification, current-law context, and editorial notes.

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