Constitutional reform isn't simply something an Alberta government or the federal government can deliver after winning another election. But a referendum can trigger negotiations without the permission of Quebec and Ontario.
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Former premier Jason Kenney has argued Alberta should pursue reform within Canada. Constitutional lawyer Keith Wilson says the structure of Confederation makes major reform extraordinarily difficult without leverage.
The Constitution supports part of Wilson’s argument.
Major changes, including altering Senate powers, how senators are selected or how many senators each province receives, require Parliament plus at least seven provinces representing 50% of Canada's population.
Alberta currently has just six senators, compared with 24 each for Ontario and Quebec.
And federal law adds another obstacle to many constitutional amendments: Ottawa generally cannot introduce them without consent that includes Ontario and Quebec, among other regional requirements.
In the 1998 Quebec Secession Reference, the Supreme Court ruled that a clear majority answering a clear question in favour of secession would create a constitutional duty to negotiate.
So constitutional reform isn't simply something an Alberta government or the federal government can deliver after winning another election. But a referendum can trigger negotiations without the permission of Quebec and Ontario.
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