Conference looks at Wexit through a legal lens
Legal experts discuss viability of Alberta’s separation from Canada
CALGARY – Is Alberta’s separation from Canada a possibility that’s even remotely feasible? And what would that process look like in action?
Those are among the top questions panellists at a conference about the future of Alberta addressed Saturday afternoon, looking at Wexit — or Western separation — through a legal lens.
Richard Jones, a Calgary lawyer with McMillan LLP, says the single most important piece of legislation with regards to separation is the Clarity Act, which details how Canada would begin negotiations with a province wishing to secede.
A referendum asking a clear question and resulting in a clear majority would need to take place.
“The concern is that the government in Ottawa might look at that and say, ‘Well, we don’t consider that a majority.
We consider it to be something else,’” Jones told Postmedia following the panel. “So what we need is politicians who are willing to lend an ear to Alberta and can understand the plight of Alberta.”
It’s a process that Jones says could lead to lengthy battles in both court and other political arenas, similar to the United Kingdom’s lengthy Brexit process to separate from the European Union.
Daniel Turp, a former Bloc Quebecois MP and a longtime advocate for Quebec separation, says there are plenty of similarities between Alberta and his home province.
“The similarity is all about wanting the power to decide how laws apply and the management of your own resources,” Turp said.
“This needs to be addressed. Some people think they know what’s best for others, and it’s what I think Albertans are tired of and what Quebecers have been tired of.”
When asked whether Alberta needs its own version of the Bloc Quebecois, Turp said the province already has one, with the Wexit Canada party becoming eligible to run candidates in federal elections.
But fighting to reopen the Constitution and make amendments to areas Alberta finds problematic would be a more realistic goal for the province than separating, Turp says.
“Alberta can initiate constitutional amendments and can initiate, along with others, a major restructuring of the federation,” he said. “I think everyone should pick a fight, and that fight might lead to some kind of new deal, which I think is necessary. Because if not, it’s very uncomfortable to live in a situation where a Constitution is imposed on you.”
Jones echoed the sentiment, saying there’s an opportunity for greater autonomy for Alberta but that seceding would be a more drastic outcome than he expects.