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.
Alberta can constitute the Provincial Court and establish additional provincial courts under s.92(14). The province can define the jurisdiction of provincial courts within constitutional limits and entrench judicial independence for provincially appointed judges. What it cannot do unilaterally is reconstitute s.96 courts or displace the federal power to appoint superior court judges.
Current Law
Alberta's court structure is constitutionally divided. The Court of King's Bench of Alberta and the Court of Appeal of Alberta are superior courts; their judges are appointed and paid by the federal government under Constitution Act, 1867 ss.96 and 100. The Provincial Court of Alberta is established by provincial statute and its judges are appointed by the province. Final appeal lies to the Supreme Court of Canada under the Supreme Court Act, R.S.C. 1985, c. S-26.
Proposed
The judicial power1 of the Province of Alberta shall be vested in the courts of Alberta, including a Provincial Court of Justice, an Appellate Court, and such other courts as may be established by law. These courts shall have original and appellate jurisdiction over all matters arising under the laws and Constitution of Alberta.
The courts shall interpret and apply the laws of Alberta, resolve disputes, and uphold this Constitution as the supreme law of the province.
Classification note1Vesting of judicial power in courts including superior courts. The section as drafted vests judicial power in Alberta's courts including an Appellate Court. Alberta's superior courts (Court of King's Bench, Court of Appeal) are federal s.96 courts; their core jurisdiction and the federal power to appoint their judges are protected under Constitution Act, 1867 ss.96 to 100. A province cannot, by its own provincial constitution under Constitution Act, 1982 s.45, vest the power to appoint or constitute these courts. Resolution path: for the federal appointing power under s.96, no clean single Part V procedure short of the general amending formula under s.38 (7/50); for the composition of the Supreme Court of Canada, unanimity under s.41(d) (Reference re Supreme Court Act, ss.5 and 6, 2014 SCC 21).
Judicial Independence
Alberta alone
Alberta can adopt this now under its own authority (Constitution Act, 1982, s.45).
Current Law
Judicial independence is recognised as an unwritten constitutional principle in Canadian law (Reference re Remuneration of Judges of the Provincial Court (P.E.I.), [1997] 3 SCR 3). Removal of provincial court judges follows the Judicature Act, R.S.A. 2000, c. J-2, and the Provincial Court Act, R.S.A. 2000, c. P-31; removal of superior court judges follows ss.99 and 100 of the Constitution Act, 1867 and the federal Judges Act.
Proposed
The judiciary shall be impartial and independent from the legislative and executive branches, as well as from private, partisan, or foreign influence. Judicial officers shall render decisions based solely on the law and this Constitution, free from intimidation, coercion, or reprisal.
Judges may only be removed from office for serious misconduct or incapacity, through a transparent process defined by law and consistent with the principles of natural justice.
Appointments and Tenure
7/50
Current Law
Provincial Court judges in Alberta are appointed by the Lieutenant Governor in Council on the recommendation of the Judicial Council. Judges of the Court of King's Bench of Alberta and the Court of Appeal of Alberta are appointed by the federal Governor in Council under Constitution Act, 1867 s.96, with consultation through federal Judicial Advisory Committees.
Source of contention
Question 6: Provincial selection of superior court justices
Constitution Act, 1867 s.96 gives the federal government the power to appoint superior court judges. Shifting that power to the provinces would require amending the Constitution of Canada.
Proposed
Judges of the provincial courts shall be appointedQ6 by the Executive Council upon the recommendation of a Judicial Appointments Committee1 composed of members of the legal profession, the Assembly, and civil society.
Judges shall hold office during good behaviour, subject to retirement or renewal in accordance with legislation governing age, capacity, or term limits.
Classification note1Provincial appointment of superior court judges. The clause empowering the Executive Council to appoint judges of the provincial courts, if read to include the Court of King's Bench and the Court of Appeal of Alberta, reaches beyond Constitution Act, 1982 s.45. Constitution Act, 1867 s.96 vests the appointment of judges of these superior courts in the federal Governor in Council. A constitutional shift of that power to the provinces is what the October 2026 referendum question on provincial selection of superior court justices asks about. Resolution path: amendment of s.96 under Constitution Act, 1982 s.38 (the general amending formula, 7/50), since the federal appointment power is not listed in s.41 or s.42.
Final Appellate Jurisdiction
unanimity
Current Law
Final appellate jurisdiction in Canada lies with the Supreme Court of Canada under the Supreme Court Act, R.S.C. 1985, c. S-26. The composition of the Supreme Court is protected by Constitution Act, 1982 s.41(d) (Reference re Supreme Court Act, ss.5 and 6, 2014 SCC 21).
Proposed
Until such time as Alberta assumes full judicial sovereignty, final appellate jurisdiction shall remain with the Supreme Court of Canada, subject to the laws and Constitution of Canada.
The Legislative Assembly may, by constitutional amendment or enabling statute, establish a final provincial court of last resort1 to exercise supreme jurisdiction over all matters under Alberta law and this Constitution.
Classification note1Withdrawing from the Supreme Court of Canada or creating a provincial final court of last resort. The clause contemplating that Alberta will, by constitutional amendment or enabling statute, establish a final provincial court of last resort reaches beyond Constitution Act, 1982 s.45. The Supreme Court of Canada's role as the general court of appeal for Canada and its composition are protected by s.41(d), which requires unanimous consent. Resolution path: amendment under s.41 (unanimous consent of Parliament and every provincial legislature). Until then, a provincial court cannot have final appellate jurisdiction over federal law.
Constitutional Review and Remedies
Alberta alone
Alberta can adopt this now under its own authority (Constitution Act, 1982, s.45).
Current Law
Constitution Act, 1982 s.52 makes the Constitution of Canada the supreme law of Canada; any inconsistent law is of no force or effect to the extent of the inconsistency. Alberta courts already exercise this review power over both provincial and federal legislation.
Proposed
The courts of Alberta shall have full authority to review all laws, regulations, executive actions, and intergovernmental agreements for consistency with this Constitution.
Any provision found to contravene this Constitution shall be declared invalid to the extent of the inconsistency. The courts may issue declaratory, injunctive, monetary, or equitable relief as justice requires.
Federal Law and Alberta Sovereignty
What Alberta can do now
Alberta can challenge federal laws it considers ultra vires through litigation and provincial references to the Court of Appeal under the Judicature Act. The Alberta Sovereignty Within a United Canada Act allows the Assembly to direct provincial entities not to enforce federal measures it declares unconstitutional. These are contestation tools, not overrides of federal paramountcy.
Current Law
Federal paramountcy applies where validly enacted federal law conflicts with validly enacted provincial law: the federal law prevails to the extent of the conflict. This doctrine is structural to the division of powers in Constitution Act, 1867 ss.91 and 92.
Source of contention
Question 9: Priority of provincial law over federal law
Under the doctrine of federal paramountcy, valid federal law prevails over conflicting provincial law in areas of overlap. Reversing that order would require amending the Constitution of Canada.
Proposed
The courts of Alberta may interpret and apply federal law, including criminal law, only to the extent that such law is consistent with this Constitution and the jurisdictional powers of the Province.
In any case of irreconcilable conflict between federal law and this Constitution within a matter of provincial jurisdiction, the Constitution of Alberta shall prevail1Q9.
Classification note1Provincial constitution displacing federal law in irreconcilable conflict. The clause as drafted directs that the Constitution of Alberta shall prevail over federal law in irreconcilable conflict within a matter of provincial jurisdiction. This reverses the doctrine of federal paramountcy, under which validly enacted federal law prevails over conflicting provincial law within areas of overlap. The October 2026 referendum question on whether provincial laws should have priority over federal laws in areas of provincial or shared jurisdiction asks the same question. Resolution path: no single Part V procedure clearly reaches paramountcy as a structural feature; any change would, at minimum, invoke the general amending formula under s.38 (7/50).
Criminal Law and Transitional Jurisdiction
What Alberta can do now
Alberta administers justice within the province under s.92(14), including the organization of courts, provincial prosecution, and policing. The province can create provincial offences under s.92(15) and direct enforcement priorities. Full legislative control over criminal law requires either a s.38 amendment or a lawful constitutional transition under the Secession Reference framework.
Current Law
Criminal law and procedure are exclusively federal under Constitution Act, 1867 s.91(27). Provinces administer justice within the province under s.92(14), including the constitution and organisation of courts and the conduct of prosecutions.
Proposed
Until such time as Alberta assumes full legislative control over the criminal law, the courts of Alberta shall continue to administer criminal law as enacted by the Parliament of Canada.
In the event of constitutional reform, withdrawal from Confederation, or other lawful transition, the Legislative Assembly shall assume full authority to codify, amend, and administer criminal law1 in accordance with this Constitution and principles of justice.
Classification note1Provincial assumption of full legislative control over criminal law. The clause contemplating that, on constitutional reform, withdrawal from Confederation, or other lawful transition, Alberta will codify, amend, and administer the criminal law reaches beyond Constitution Act, 1982 s.45. Criminal law and procedure are listed in Constitution Act, 1867 s.91(27) as a federal head of power. Resolution path: amendment under Constitution Act, 1982 s.38 (the general amending formula, 7/50) at a minimum; withdrawal from Confederation would proceed under the Reference re Secession of Quebec, [1998] 2 SCR 217, framework and the Clarity Act, S.C. 2000, c. 26.
Access to Justice and Legal Continuity
Alberta alone
Alberta can adopt this now under its own authority (Constitution Act, 1982, s.45).
Current Law
Access to justice is supported in Alberta by Legal Aid Alberta under the Legal Profession Act, R.S.A. 2000, c. L-8, and by court rules that allow self-represented litigants. The principle of continuity of judicial proceedings across constitutional transitions is reflected in s.129 of the Constitution Act, 1867.
Proposed
All persons shall have the right to access the courts and to obtain timely, impartial justice without discrimination.
The Legislature shall ensure the availability of independent legal assistance for those unable to afford it, and shall maintain judicial services throughout any constitutional or jurisdictional transition.
All lawful judicial appointments, rulings, and proceedings in force at the time of constitutional reform shall remain valid and enforceable until superseded by the laws of Alberta under this Constitution.
Affirms judicial independence and merit-based appointments
Asserts provincial primacy over federal law on matters of provincial jurisdiction
Provides transitional jurisdiction over criminal law until full provincial control
Guarantees access to justice and the continuity of pending proceedings
Why this article is proposed
The structure of Alberta's courts today rests on the federal Constitution Act, 1867 (the superior court appointment power), federal statute (the Supreme Court of Canada), and provincial statute (the Provincial Court, Court of King's Bench rules, and Court of Appeal procedure). This article proposes to write Alberta's part of that picture into a provincial constitution and to flag where Alberta would want changes if the broader constitutional framework allowed.
What it would change
Article IV restates several principles already in force in Alberta law: judicial independence, merit-based appointment of provincial judges, and judicial review for constitutional consistency. It also stakes out three positions that go past what Alberta can do under section 45 alone:
Article IV s1 and s3 assert provincial control over courts and judges that are constitutionally superior courts, currently appointed by the federal government under Constitution Act, 1867 s.96.
Article IV s4 contemplates the eventual creation of a provincial final court of last resort, which would require amendment of s.41(d) (composition of the Supreme Court of Canada).
Article IV s6 says the Constitution of Alberta prevails over federal law in irreconcilable conflict within provincial jurisdiction. This reverses federal paramountcy.
Article IV s7 contemplates Alberta assuming full control of the criminal law, which is exclusively federal under s.91(27).
The legal basis
Section 45 lets Alberta organise its own provincial court system and its own constitutional review. It does not let Alberta appoint superior court judges, displace the Supreme Court, or rewrite the rule of federal paramountcy. The classification notes identify the procedure that would be required for each of those changes.
Open questions
Two referendum questions on the October 2026 ballot relate to this article:
Question 6 asks whether provinces should select superior court justices. That change would require amending s.96 under the general amending formula (7/50) per Constitution Act, 1982 s.38.
Question 9 asks whether provincial laws should have priority over federal laws in provincial or shared jurisdiction. Reversing paramountcy is structural and is not cleanly reachable through any single Part V procedure.
Albertans will also need to consider whether to entrench a transitional clause on criminal law that signals Alberta's interest in eventually assuming the federal criminal-law power, or to leave that question for a future constitutional negotiation.
Revision 12026-05-20
major
Initial draft of Article IV from the v2 draft constitution, with per-section classification, current-law context, and editorial notes.