Municipalities are not sovereign entities, and they do not possess independent constitutional authority.

 

source: oasisamuel - stock.adobe.com

Edmonton city councillors may not like the idea of Alberta independence. They're entitled to that opinion. But the claim that Edmonton could simply vote to remain in Canada while Alberta leaves misunderstands how Canada's constitutional system actually works.

As constitutional lawyer Keith Wilson pointed out this week, the Supreme Court of Canada's secession reference dealt with provinces, not municipalities. The court recognized that provinces are constitutional actors. Cities are not.

Municipalities exist because provincial governments create them. Their powers, boundaries, responsibilities and legal status all flow from provincial legislation. They are not sovereign entities, and they do not possess independent constitutional authority.

In other words, Edmonton is not a province inside a province. It is a municipal corporation created by Alberta law.

That principle isn't controversial. It's one of the most basic features of Canadian constitutional law. The Supreme Court has repeatedly described municipalities as "creatures of the province," meaning provincial legislatures can create, alter, amalgamate or even dissolve them through legislation.

So the argument advanced by political scientist Duane Bratt — that if Canada is divisible then Alberta must be divisible too — is more of a political argument than a legal one. Alberta's constitutional status comes directly from the Constitution Act. Edmonton's status comes from Alberta statutes. Those are not equivalent things. 

Even if Alberta were ever to pursue independence, a city council motion in Edmonton would not transform the city into a separate province, separate country or independent constitutional actor. The city has no constitutional mechanism to do that.

People can absolutely oppose Alberta independence. They can campaign against it, vote against it and argue against it. That's democracy.

But claiming Edmonton could simply opt out because city council passed a resolution is not supported by Canadian constitutional law.

Municipalities aren't kingdoms. They are local governments exercising powers delegated to them by the province that created them. And that's precisely why the comparison between Alberta leaving Canada and Edmonton leaving Alberta doesn't hold up.