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.
Supremacy of the Constitution
Alberta aloneContested
Alberta can adopt this now under its own authority (Constitution Act, 1982, s.45). However, this classification is contested; the provision may face a Charter challenge or other legal obstacle.
Current Law
The Constitution of Canada is the supreme law of Canada under Constitution Act, 1982 s.52(1). A provincial constitution operates within the provincial sphere and is itself subject to the Constitution of Canada. There is no current Alberta provincial constitution declaring supremacy within the provincial sphere.
Proposed
This Constitution is the supreme law of Alberta1. All legislation, executive actions, regulations, bylaws, and administrative orders must conform to its text and principles. In the event of a conflict between any law or action and this Constitution, the Constitution shall prevail.
No institution of the Alberta government shall enact, enforce, or interpret any law or regulation in a manner that nullifies or undermines this Constitution. All government actors are bound by their oath to uphold its provisions.
Legal accuracy note1Supremacy within the provincial sphere. The section as drafted makes the Constitution of Alberta the supreme law of Alberta. A provincial constitution is supreme over provincial legislation, regulation, and administrative action within its scope, but remains subordinate to the Constitution of Canada by virtue of Constitution Act, 1982 s.52(1). The supremacy clause should be read as supremacy over ordinary Alberta law, not over the Constitution of Canada.
Entrenchment of Foundational Provisions
Alberta alone
Alberta can adopt this now under its own authority (Constitution Act, 1982, s.45).
Current Law
Provincial constitutions may include entrenched provisions amendable only by a special procedure set out in the provincial constitution itself. The procedure binds future legislatures as a matter of manner-and-form, provided the procedure is itself prescribed in the constitution.
Proposed
To preserve the enduring character of this Constitution and to prevent its erosion by transient majorities, the following Articles and Sections are entrenched1 and shall not be repealed, amended, or overridden except through a constitutional convention and unanimous ratification by all electoral districts of Alberta:
Article III: Rights of the People
Article VI: Fiscal Responsibility and Integrity of Governance
Article VIII: Rights of the Family and Parental Authority
Article IX: Digital Rights and Protections
Article XIII: Religious Liberty and Freedom of Conscience
Article XIV: Medical Autonomy and Ethical Protections
These entrenched provisions form the core legal and moral framework of this Constitution. They are designed to safeguard individual liberty, institutional integrity, and responsible self-government for future generations. They may not be altered by referendum, statute, judicial reinterpretation, or executive decree.
Certain structural provisions, including those governing the Legislative and Executive branches, are not entrenched at this time in order to allow for deliberation and reform as part of future constitutional development.
Legal accuracy note1Unanimity of electoral districts. The section as drafted entrenches six articles (Articles III, VI, VIII, IX, XIII, XIV) and requires unanimous ratification by all electoral districts at a constitutional convention to amend them. This is a higher bar than the general amending formula in the Constitution of Canada (Constitution Act, 1982 s.38 requires 7/50). Within s.45, a province can set its own internal threshold; the question for Albertans is whether unanimity across districts is workable in practice or operates as a permanent freeze.
General Amendment Process
Alberta alone
Alberta can adopt this now under its own authority (Constitution Act, 1982, s.45).
Current Law
Provincial constitutional amendment thresholds vary across countries with provincial constitutions. There is no current Alberta procedure because there is no provincial constitution.
Proposed
All other Articles and provisions of this Constitution may be amended by a vote of not less than two-thirds of all Members of the Legislative Assembly, and by ratification in a province-wide referendum, receiving a majority of votes cast in at least two-thirds of Alberta's electoral districts.
Constitution declared the supreme law within Alberta's provincial sphere
Six articles entrenched, amendable only by constitutional convention and unanimous district ratification
Standard amendment requires two-thirds Assembly vote and a majority in two-thirds of electoral districts
Why this article is proposed
A provincial constitution that can be changed by simple majority of the Assembly offers little additional protection beyond ordinary legislation. The article establishes the formal supremacy of the provincial constitution within Alberta's sphere, identifies a small set of articles that are entrenched against future erosion, and sets the threshold for ordinary amendments.
What it would change
Section 1 declares the provincial constitution supreme over ordinary Alberta law, regulation, and administrative action. Section 2 entrenches six articles (rights, fiscal responsibility, family, digital rights, religious liberty, and medical autonomy), amendable only by constitutional convention with unanimous district ratification. Section 3 sets the standard amendment threshold at a two-thirds Assembly vote plus a majority in two-thirds of districts at a province-wide referendum.
The legal basis
Constitution Act, 1982 s.45 lets each province amend the constitution of the province. That includes the power to declare supremacy within the provincial sphere and to set higher amendment thresholds for particular provisions. The article does not touch any subject within ss.41, 42, or 43 of the Constitution Act, 1982, so it is reachable by Alberta acting alone. The article remains subject to the Constitution of Canada under s.52(1).
Open questions
Three questions for Albertans: whether the entrenched list (six articles) is the right scope; whether district-level unanimity at a constitutional convention is achievable in practice or operates as a permanent freeze; and how to phrase the supremacy clause in Section 1 so that it is understood as supremacy within the provincial sphere, not over the Constitution of Canada.
Revision 12026-05-20
major
Initial draft of Article XV from the v2 draft constitution, with per-section classification, current-law context, and editorial notes.