Everything you need to know about the threat of Alberta separatism

Calgary Herald

17-05-2025

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Then, everything would follow per the federal Clarity Act. This legislation sets out that a province — whether Quebec, Alberta or anywhere else — may not unilaterally secede from Canada. They must negotiate secession with the federal government and the rest of the provinces, settling on some sort of constitutional amendment and agreement.
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The preamble also sets out a few guideposts on what happens. First, the outcome of a referendum would need to demonstrate a 'clear majority in favour of secession,' which would then 'create an obligation to negotiate secession.' The Clarity Act does not set a specific percentage that counts as a 'clear majority,' although 51 per cent is often cited as a clear majority. (The House of Commons could determine that that wasn't clear enough, and that means that secession could not go ahead.)
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Second, the question asked on the referendum itself must be 'free of ambiguity.'
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Third, for any province to legally leave would require negotiations between all the provinces and opening up and amending the Constitution.
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If all that was satisfied — plus any other aspects of the Clarity Act — and if an agreement was reached, then Alberta could separate. Eric Adams, a University of Alberta law professor, has said it 'seems next to impossible.'
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'If you look to the Supreme Court of Canada's statement on separation, it looks exceptionally difficult but may be feasible, if … those negotiations produce some workable separation arrangement,' Adams said in 2019.
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What role could Indigenous people play?
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All of Alberta is covered by treaties, the majority of it by Treaties 6, 7 and 8. And there are 813,000 hectares of specific reserve land. After Smith said she would be willing to hold a referendum, a coalition of First Nation chiefs met for an emergency meeting and denounced the talk of separation.
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'We're not going anywhere and if you feel that you have problems with First Nations you could leave,' said Chief Troy Knowlton of Piikani Nation.
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While the Alberta government is making it easier for citizens to push for a referendum, in the face of concern from Indigenous people in Alberta, the government introduced 11th-hour amendments to the legislation changing up the referendum process. The amendments were in the legislation passed as the spring session of the Alberta legislature drew to a close.
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'In response to feedback from First Nations and Indigenous partners and to reassert our commitment to protecting Treaty rights, the bill now includes a clause stating that nothing in a referendum under the Act is to deviate from existing Treaty rights,' said Alberta Justice Minister Mickey Amery in a statement. 'Alberta's government will always recognize, protect, and honour Treaty rights as recognized by section 35 of the Constitution Act, 1982.'
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It remains to be seen whether this would affect the ability of Albertans to even get a separation referendum on the ballot in the first place.
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An analysis of First Nations rights vis-à-vis separation, written by University of Calgary law professors Robert Hamilton and David Wright, says that Indigenous people in the province would likely have a significant role to play in any future negotiations over separation.