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 and Constitutional Entrenchment

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Summary
Background
Revisions
Discussion

Supremacy of the Constitution

Alberta's provincial constitution would become the supreme law over ordinary Alberta legislation, regulations, and government actions. This is a new step, since Alberta has no provincial constitution today; it would not override the Constitution of Canada.

Entrenchment of Foundational Provisions

Six specified articles covering rights, fiscal rules, family, digital rights, religious liberty, and medical autonomy would be locked against change except through a constitutional convention ratified unanimously by every electoral district. This sets a higher bar than the general amendment process for those core provisions.

General Amendment Process

All other parts of the constitution could be changed by a two-thirds vote of the Legislative Assembly, followed by a province-wide referendum that wins a majority 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 1 2026-05-20
major

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

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