‘Trapped in a loveless marriage’: Law expert said Alberta referendum won’t be enough to split from federation

Critics say new legislation by the province would simplify the process of holding a referendum on Alberta separation.

As separation supporters call for a conversation around Alberta leaving Canada, the provincial government has tabled new legislation that would help those supporters call a referendum on the topic.

• The information you need to know, sent directly to you: Download the CTV News App

Bill 54, introduced in the Alberta legislature on Tuesday, includes a suite of changes aimed at changing the province’s democratic processes, including amending the Citizen Initiative Act to make it easier for residents to trigger a referendum.

It’s a change there appears to be an appetite for after the Liberals secured a fourth term on Monday.

“Yesterday was the birthday for many new Alberta separatists,” Republican Party of Alberta leader Cameron Davies told CTV News on Tuesday.

“This is now a completely abusive relationship (with Ottawa), and our mediation has failed. So, our only alternative is to now file for divorce from Canada.”

While it’s difficult to verify where online signatures come from, one change.org petition for Alberta separation and a western alliance has collected 200,000 of them since 2019 – with more than 14,000 new ones added on Wednesday.

Data from the Angus Reid Institute in early April found 25 per cent of Albertans polled would vote to have their province become its own country and 22 per cent wanting to join the U.S.

Eric Adams, law professor at the University of Alberta, said the Supreme Court of Canada has ruled that a clear majority of voters and a clear vote of separation could trigger separation negotiations between the province and the rest of Canada.

But, he said, it would require far more than a few thousand people voting in favour of the split.

“By definition, our constitution is made of stronger stuff than that,” Adams said. “Being mad and having a vote and saying some number of people want out of Canada, that’s not going to cut it.”

Should a “clear majority” of Albertans want to leave and express that in “clear vote of separation” – both of which would have to be discussed and defined in the House of Commons – Adams said there are other questions that would complicate a split.

“If Canada is divisible, then is Alberta divisible? And do First Nations peoples claim sovereignty to their lands and territories,” Adams said. “There are many, many, many complex questions and there are no answers because there is no playbook, because all of this is uncharted territory.”

Former Reform Party leader Preston Manning said the question of separation needs to be asked given the frustration of westerners who don’t feel the issues important to them are being addressed by the federal government.

“Just a feeling of despair that nothing the West does seems to change the perspective of the central Canadian decision makers, both in the media and in Parliament, to take some of the western concerns seriously,” Manning said.

Manning would like to see a democratic forum called to discuss separation, a closer union with the U.S. and how the Canadian west could be made to feel “more at home” in the federation.

“These options should get out on the table and be thoroughly investigated,” he added. “The pros and the cons, invite some expert opinion on them.”

Earlier this month, B.C. Premier David Eby called talk of western separation a “tired trope”, a “waste of time” and an “attack on the unity” needed for Canada to stand up to U.S. threats.

Adams called talk of separation “distracting” but said it’s important to make room for these conversations.

“I think if you just tell people, ‘Look, you’re trapped in a loveless marriage forever and there’s no way out. That’s not healthy … I think good democratic politics is to know that we always have options,” he said.

A caucus meeting will be held on Friday to discuss Alberta’s next steps after the federal election.

With files from CTV News Edmonton’s Chelan Skulski.