The Supreme Court never ruled provinces are trapped in Confederation forever.

The Walrus panel on Alberta separation spends thousands of words warning about separatism, populism, referendums, foreign interference, Brexit, Trump, “anti-democratic strains,” and “constitutional crises.”
But buried underneath the panic is a simple reality almost every expert quietly admits:
Yes, Alberta could pursue separation through a negotiated constitutional process.
That’s because the Supreme Court of Canada already answered this question in 1998 during Quebec’s Secession Reference.
The Court did not rule separation was illegal.
It ruled that:
- provinces cannot separate unilaterally,
- but a clear referendum result on a clear question would trigger an obligation for negotiations with the rest of Canada.
That framework exists because Quebec was permitted to try — twice.
And not just “talk about it.” Quebec governments openly campaigned for sovereignty, held official referendums in 1980 and 1995, built transition plans, created negotiation frameworks, and nearly won in 1995.
Nobody claimed Quebecers were holding “a gun to the head” of Canada for asking constitutional questions.
Nathan Cullen: "For those that have somehow this equation that a single project is a determination of whether our country is functioning or not, that's insane. And you can't negotiate with someone who puts a gun to your head and expect good outcomes." pic.twitter.com/rvYErRpbpg
— Scott Robertson (@sarobertson_) May 20, 2026
Nobody said democracy itself was illegitimate because citizens signed referendum petitions.
Nobody suggested courts should permanently shut down public discussion of sovereignty.
Yet now, when Albertans raise similar questions, suddenly:
- democracy is dangerous,
- referendums are authoritarian,
- participation is extremism,
- and discussing sovereignty is treated like a threat to national stability.
Even several contributors in the Walrus piece directly undermine the article’s own framing.
Law professor Kent Roach explicitly states the court ruling does not permanently block a referendum and says Alberta could still hold one after consultation obligations are met.
Other contributors acknowledge:
- secession is constitutionally possible,
- negotiations would follow a clear vote,
- and the real issue is process, not legality.
That is a far cry from the activist rhetoric suggesting Alberta independence is somehow beyond democratic consideration.
The piece also repeatedly conflates Danielle Smith with separatism itself, despite the fact Premier Danielle Smith has repeatedly stated she supports Alberta remaining in Canada and negotiated the WEST pipeline MOU as a federalist premier with the federal government.
And there’s another glaring omission: Quebec never needed Indigenous consultation to hold referendums in 1980 or 1995. The constitutional questions surrounding Indigenous treaty rights arose in the context of negotiations following a vote, not as a precondition to citizens even discussing sovereignty.
Now, suddenly, Alberta citizens collecting signatures for a referendum are treated as though they triggered a constitutional emergency.
Verdict: Overheated and selective
The Walrus article presents Alberta separatism as uniquely dangerous while quietly acknowledging the same constitutional framework Canada already accepted for Quebec.
The Supreme Court never ruled provinces are trapped in Confederation forever.
It ruled there is no unilateral right to leave — but a clear democratic mandate would require negotiations.
That was true for Quebec.
And it remains true for Alberta.
