A Proposal for Alberta: A Provincial Constitution

Protecting our rights for generations to come.

This proposal outlines a transformative vision for Alberta’s governance through the adoption of a provincial constitution. While remaining within Canada’s constitutional monarchy and respecting the supremacy of God as an inclusive, moral principle, a new constitution would empower Albertans with greater democratic control over their laws and institutions. By entrenching fundamental rights and freedoms—drawing on the Black Hat Bill of Rights for inspiration—this framework would replace and supersede existing rights legislation, such as the Alberta Bill of Rights and the Human Rights Act. It consolidates protections into one supreme, people-approved document rather than leaving them scattered across multiple, easily amended statutes.

Under the new constitution, the judiciary—including federally appointed judges—would be required to treat the constitution as the highest authority in Alberta’s legal landscape. No longer would outdated case law or ordinary legislation limit citizens’ freedoms; instead, every court decision would be measured against entrenched constitutional standards. The constitution’s supremacy ensures that future judgments align more closely with Albertans’ affirmed rights and that any attempts to curtail these freedoms would require direct public input and approval. By providing a clear path toward drafting and ratifying this constitution and drawing lessons from global and historical models, this proposal offers a roadmap for building a more accountable, rights-focused, and democratically engaged Alberta.

Mission: Educating Albertans on a Provincial Constitution

The central goal is to inform Albertans about the concept, purpose, and benefits of adopting a formal provincial constitution. While Alberta currently operates under the Canadian Constitution and remains part of a constitutional monarchy, a provincial constitution would provide more apparent governance structures, strengthen fundamental rights, and enhance direct public involvement in shaping provincial laws and policies. None of these challenges the supremacy of God as acknowledged in the Canadian tradition, nor does it undermine Canada’s existing constitutional order.

A provincial constitution, functioning as Alberta’s foundational statute, cannot remove the monarchy or supersede the Canadian Constitution. However, it can highlight Alberta’s priorities, entrench essential rights, and mandate more significant public input on legislative changes. This approach respects Canada’s legal framework while giving Albertans more influence over their affairs.

Alberta as a Full Republic? Not Under Current Laws

As it stands, no province, including Alberta, can unilaterally become a republic. The bond between the provinces and the Crown is embedded in Canada’s Constitution, and altering that arrangement would require the unanimous consent of all provinces and both houses of Parliament, which is a daunting legal and political undertaking.

For now, Alberta must work within Canada’s constitutional monarchy, including the continued presence of the Crown and a Lieutenant Governor.

The Role of the King and Constitutional Entrenchment

The Crown is deeply integrated into Canada’s constitutional framework. Each province, including Alberta, must have a Lieutenant Governor appointed by the Governor General to represent the King. Changing the monarchy’s role would require agreement from every province and the federal Parliament. Even if the King were open to such changes, Canadian law and convention prevent any single province from doing so unilaterally.

Provincial Constitutions: Limits and Opportunities

Although Alberta cannot remove the monarchy or override federal powers, it can still create a provincial constitution that would:

1. Clearly define the Legislature’s operations and responsibilities.

2. Reduce monarchical symbolism in non-conformal mandated areas (e.g., renaming institutions).

3. Introduce direct democracy tools—referendums, recalls, and citizen-initiated ballots—within constitutional bounds.

4. To entrench rights and freedoms more firmly, legislative and public approval is required before changes occur.

This approach would not remove the Lieutenant Governor or overturn federal judicial appointments, nor would it conflict with the Canadian Charter of Rights and Freedoms. Instead, it would enhance accountability, transparency, and responsiveness in Alberta’s governance.

What Can We Do Under Today’s Framework?

While Alberta cannot independently become a republic, it can adopt measures that promote public participation and foster a more “republic-like” governance style within current constraints:

1. Renaming Institutions and Titles:
   Transforming terms like “Court of King’s Bench” into “Alberta Superior Court” and “Crown Prosecutors” into “Public Prosecutors” reduces monarchical references and emphasizes Alberta’s civic identity.

2. Reducing Ceremonial Elements:
   The Lieutenant Governor’s position is constitutionally required, but Alberta can limit ceremonial pomp not mandated by law and shift focus toward democratic values.

3. Increasing Public Involvement and Accountability:
   Referendums, plebiscites, and citizen-initiated measures give Albertans a direct voice in policymaking. Alberta could consider electing certain provincial officials (where constitutionally possible) and introduce recall legislation for representatives who lose public trust.

4. Adopting a Provincial Constitution:
   Establishing a foundational statute that includes governance principles, transparency measures, accountability tools, and entrenched rights would foster a more affluent democratic culture. Although it cannot override federal law or the monarchy, a provincial constitution can significantly enhance civic engagement.

5. Enshrining Rights in the Provincial Constitution:
   Instead of placing key rights in easily amended statutes, embedding them in the constitution and requiring referendums for changes ensures that short-term interests cannot quickly weaken fundamental freedoms.

Benefits of Entrenching Rights and Accountability Measures

1. Stability and Permanence: Entrenched rights are more difficult to alter, safeguarding fundamental freedoms from shifting political winds.

2. Democratic Legitimacy: Public endorsement is required to amend entrenched rights, ensuring changes align with the electorate’s values rather than political convenience.

3. Robust Public Debate: Mandated referendums for constitutional amendments promote wide-ranging discussion and careful consideration.

4. Institutional Clarity and Cohesion: A single constitutional document reduces confusion, making governance more transparent and predictable.

5. Predictability and Reliability: Constitutionally protected rights and oversight mechanisms encourage stability, attract investment, and strengthen public trust.

6. Civic Education and Engagement: Involving the public in governance and rights protection cultivates a well-informed and active citizenry.

The Supremacy of God

Reflecting the Canadian Charter of Rights and Freedoms, this proposed provincial constitution acknowledges the supremacy of God in a broad, inclusive sense. It does not favour any one faith or religious tradition. Instead, it recognizes that fundamental rights and freedoms are inherent, not granted solely by human authority. By referencing “God” in a non-dogmatic, inclusive manner, the Constitution respects the moral and natural order underpinning human dignity while honouring every individual’s spiritual perspective—whether rooted in a particular faith, a more general spirituality, or a secular understanding of human worth.

This affirmation of God’s supremacy symbolizes that fundamental rights belong equally to all and cannot be reduced to political privileges.

Embracing the Black Hats’ Vision for Alberta

Stand with the “Black Hats”—a group of Albertans, legal experts, and advocates dedicated to reinforcing individual freedoms. Inspired by their Black Hat Bill of Rights (BoR 3.0), we aim to embed property rights, medical autonomy, free speech, and more protections into Alberta’s constitution. By doing so, fundamental rights are recognized as deriving from the people rather than granted at the whim of government.

The Black Hat Bill of Rights as Alberta’s Constitutional Cornerstone

Incorporating the Black Hat Bill of Rights would mark a transformative moment, placing 22 core freedoms and responsibilities at the center of Alberta’s governance. With these rights entrenched, any attempt to weaken them would require rigorous public input and approval.

Consider Bill 24:
Under the current framework, a simple legislative majority can alter fundamental rights, exemplified by Bill 24 (the Alberta Bill of Rights Amendment Act, 2024), which introduced “reasonable limits” and “demonstrably and proportionally justified based on evidence” that curbed freedoms without robust public consultation. With a provincial constitution, such changes would have to be presented directly to Albertans—no approval from the people, no amendment.

Forcing the Government to Seek Public Input: An Illustrative Example

In an Alberta guided by a provincial constitution, introducing Bill 24-like amendments would require:

1. Public Referendums:
   Adding “reasonable limits” to rights would necessitate a province-wide referendum. Legislators cannot decide alone; the people must agree.

2. Citizen Petitions and Inquiries:
   Residents could demand independent public inquiries into the government’s rationale for changing entrenched rights, ensuring transparency and evidence-based decision-making.

3. Open Consultations and Town Halls:
   Constitutional rules could mandate public consultations before altering fundamental rights, ensuring changes reflect widely shared values rather than political expediency.

Contrast with Bill 24’s Failings

Without a provincial constitution, Bill 24 demonstrated how easily a government can reshape rights without meaningful public involvement. Under a new framework, this would be impossible. Instead of leaving rights vulnerable to backroom deals or simple majority votes, the process would demand public approval, careful debate, and independent scrutiny.

By adopting a Black Hat-inspired Bill of Rights, this ensures that Albertans always have a voice in protecting fundamental freedoms. While not every proposed change would gain approval, none could proceed without the people's explicit consent.

Republican-Like Accountability Measures in a Provincial Constitution

A provincial constitution could further bolster accountability and civic engagement by including:

1. Term Limits: Preventing the entrenchment of long-serving politicians.

2. Recall Elections: Allowing citizens to remove underperforming officials mid-term.

3. Public-Initiated Inquiries: Empowering citizens to call for investigations into government actions.

4. Referendums on Key Issues: Granting voters direct input on significant policy decisions.

5. Ethics and Oversight Commissions: Establishing independent bodies to ensure transparency and integrity.

6. Sunset Clauses and Periodic Reviews: Ensuring laws remain current and relevant.

7. Public Vetting of Appointments: Allowing citizen feedback on high-level nominations.

These measures give Albertans tangible ways to influence policy, defend their rights, and hold their government accountable.

If This Had Existed During the COVID-19 Pandemic

Had these constitutional checks and balances been in place during COVID-19:

1. Petitions and Referendums: Public health measures like lockdowns, mandates, or vaccine distribution could have been subjected to direct public scrutiny.

2. Recall Elections: Officials who lost the public’s trust over pandemic management could have been removed before their terms ended.

3. Public-Initiated Inquiries: Citizens could have demanded transparent investigations into government decision-making, encouraging evidence-based responses and reducing potential abuses of power.

While these tools wouldn’t guarantee perfect outcomes, they would ensure more balanced debates, greater transparency, and genuine citizen influence over critical decisions.

The Referendum Question

As a starting point, the people can propose a referendum during the 2027 election, asking:

“Should Alberta Have a Constitution?”

If Albertans say “Yes,” the people have provided a mandate to draft the constitution. Through public consultations, civic education campaigns, and citizen assemblies, the document would reflect Albertans’ shared values and priorities. The final text would then return to the people for approval, ensuring that Alberta’s new constitutional framework is genuinely “by the people.”

A Roadmap for Constitutional Adoption

If the referendum demonstrates public support, creating the constitution should be a transparent, inclusive, and systematic process:

1. Constitutional Assembly or Committee (Months 0–3):
   To guide drafting, form a diverse body of elected representatives, legal experts, civic leaders, and citizen delegates.

2. Public Consultations and Hearings (Months 3–6):
   Host forums, town halls, and surveys ensuring all Albertans—including rural communities, Indigenous leaders, faith groups, and minority organizations—are heard.

3. Drafting and Proposal Development (Months 6–12):
   Use public input to shape the draft, with multiple revisions and public feedback channels for transparency.

4. Independent Expert Review (Months 12–15):
   Have legal scholars and constitutional experts review the near-final draft for consistency and coherence.

5. Final Public Consultation and Revision (Months 15–18):
   Present the revised draft for another round of public input, making necessary improvements.

6. Ratification Referendum (Months 18–24):
   Let Albertans vote on adopting the proposed constitution. A majority “Yes” would enact it as Alberta’s foundational law.

7. Implementation and Public Education (Months 24+):
   Once ratified, the government implements the constitution’s provisions. Ongoing public education ensures citizens understand their rights and how to use new accountability measures.

This phased approach transforms a theoretical concept into a tangible, participatory process. Engaging citizens at every stage ensures the final constitution genuinely reflects Alberta’s will and values.

Case Studies or Comparisons

While no Canadian province currently has a comprehensive provincial constitution like the one proposed, other examples offer valuable context:

1. Quebec’s Autonomy Measures:
   Quebec has used its unique legal traditions, language laws, and Section 33 of the Charter (the “notwithstanding clause”) to assert greater provincial autonomy. While not a separate constitution, these strategies show how provinces can navigate federal structures to carve out self-determination.

2. State Constitutions in the United States:
   Every U.S. state has its constitution, often containing rights, governance structures, and direct democracy tools. These documents evolve with public input, illustrating that sub-national constitutions can enhance local accountability.

3. Historical Canadian Constitutional Reform Efforts:
   Though unsuccessful, attempts like the Meech Lake and Charlottetown Accords highlight that constitutional discussions and reforms are not foreign to Canada and underscore the importance of public debate and involvement in constitutional matters.

4. International Federal Systems:
   Countries like Germany or Switzerland offer models in which subnational units have constitution-like documents, strong civic participation, and meaningful regional autonomy.

These comparisons reassure Albertans that while a provincial constitution is ambitious, it draws on global and historical precedents in constitutional experimentation and democratic innovation.

Protecting Minority and Individual Rights Under New Mechanisms

Empowering citizens through direct democracy must not undermine the fundamental rights of minorities or individuals:

1. Entrenched Rights as a Shield:
   Embedding a robust Bill of Rights ensures that even majority-backed measures cannot infringe on core freedoms such as religious liberty, free speech, and property rights.

2. Judicial Oversight:
   Independent courts would review proposals or laws that threaten entrenched rights. If changes violated the constitution’s protections, the judiciary could reject or modify them.

3. Balancing Majority Will with Minority Protections:
   Direct democracy amplifies public voice but is balanced by constitutional safeguards. Fundamental human rights remain secure against sudden policy shifts.

4. Public Education and Accountability:
   Informed citizens are less likely to support measures that harm vulnerable groups. Combined with judicial checks, public knowledge forms a dual safeguard against rights infringements.

By emphasizing entrenched rights, courts’ protective role, and citizen awareness, Alberta’s constitution would ensure that increased public power does not come at the expense of fundamental freedoms.

Ensuring Alignment with the Supremacy of God Principle and Diverse Beliefs

Recognizing the supremacy of God does not mean imposing religious doctrine. Instead, it affirms that fundamental rights exist beyond human authority while remaining inclusive of all belief systems:

1. Respecting Freedom of Religion and Conscience:
   The constitution would protect everyone’s right to faith, non-faith, or secular viewpoints, ensuring no coercion toward any religious practice.

2. Inclusive Interpretation of “God”:
   “God” broadly encompasses various spiritual, philosophical, or secular moral frameworks. This allows believers and non-believers alike to find common moral ground.

3. No Institutional Religious Preference:
   The government would remain neutral, offering no special status to any faith and basing policies on public interest, not religious doctrine.

4. Judicial Oversight to Prevent Misuse:
   Courts would intervene if anyone tried to use the supremacy of God to justify religious discrimination or rights violations.

The Constitution honours moral diversity by embracing a non-dogmatic understanding of “God,” ensuring that spiritual or secular viewpoints coexist respectfully and harmoniously.

Repealing Redundant Statutes and Consolidating Rights

Adopting a provincial constitution that entrenches a robust Bill of Rights—such as the Black Hat Bill of Rights—would make many existing statutes that currently protect individual freedoms and human dignity redundant. The new constitution would offer stronger, more permanent safeguards than ordinary legislation, ensuring that fundamental rights are not left vulnerable to legislative whim.

Examples of Laws to be Repealed or Amended:

1. Alberta Bill of Rights Act: Once constitutional rights are entrenched, this Act becomes unnecessary. The constitution’s protections would surpass the Bill of Rights Act in stability, clarity, and enforceability, making the statutory version superfluous.

2. Human Rights Act: With key freedoms firmly enshrined in the constitution, the detailed guarantees surpass what is currently outlined in the Human Rights Act. While the operational elements of human rights enforcement (such as commissions or tribunals) might be adapted or restructured, the Act itself would no longer serve as the foundational source of these protections.

3. Other Rights-Related Statutes: Any existing statutes whose primary purpose is to grant or define fundamental rights and freedoms would either be repealed or significantly amended to harmonize with the new constitutional standards. This streamlining ensures that Albertans look to one supreme document for their fundamental rights.

In practical terms, once the constitution is ratified, the Legislature would introduce a harmonization bill or package of reforms repealing or modifying these statutes. This would prevent legal confusion, reduce overlap, and ensure Alberta’s legal landscape is more coherent and accessible.

Constitutional Supremacy in Alberta’s Judiciary

A critical hallmark of a provincial constitution is its legal supremacy over all other provincial statutes. Even though superior court judges in Alberta are federally appointed, they would be constitutionally bound to uphold the new Alberta constitution as the highest law within the province’s jurisdiction.

1. Constitutional Primacy in Decision-Making:
   When ruling on matters of provincial law, courts must first consider the constitution’s entrenched rights and freedoms. Any provincial statute, regulation, or policy conflicted with these constitutional standards would be struck down or rendered inoperative, regardless of past precedents. This ensures that new and existing laws align with the Constitution’s enshrined principles.

2. Reevaluating Existing Case Law:
   Past decisions made without the guiding framework of the new constitution may need to be revisited or reinterpreted. While courts value precedent, the constitution’s supremacy means that older case law cannot be allowed to perpetuate injustices or inconsistencies that the newly entrenched rights seek to remedy. Over time, Alberta’s body of provincial jurisprudence will evolve, more faithfully reflecting the constitution’s principles.

3. Clearer Guidance for Federally Appointed Judges:
   Although appointed by the federal government, judges sitting on Alberta’s superior and appellate courts must apply provincial law by the new constitution. This elevated constitutional baseline will guide their interpretations, ensuring that their rulings prioritize Albertans’ entrenched rights. Should any conflict arise between a provincial statute and the constitution, judges are obliged to side with the constitution’s protections.

4. Ensuring Alignment with Enshrined Rights:
   Every court decision tests the constitution's reach and authority by placing the constitution at the apex of Alberta’s legal hierarchy. Judges and lawyers alike must align their arguments and reasoning with the constitution’s clear benchmarks, raising the standard of rights protection and reinforcing democratic accountability.

The new constitution would be the ultimate judge of legality within Alberta’s jurisdiction. Its presence ensures that courts no longer rely solely on easily amended statutes or historical case law but instead anchor their decisions in a democratically ratified, rights-focused framework. This guarantees that future judicial outcomes are consistently measured against the highest possible standard of human dignity, freedom, and justice entrenched by Albertans themselves.

Future Directions

A provincial constitution alone will not transform Alberta into a republic, but it can spark broader democratic renewal and inspire other provinces to consider similar reforms. Over time, multiple provinces enacting their constitutions could prompt a national discussion about the monarchy’s role and the future of Canadian governance.

For now, the focus is on educating the public. By entrenching rights, enhancing accountability, and empowering citizens through direct democracy, Alberta can become more resilient, transparent, and inclusive—ensuring its people play a central role in shaping the province’s future.