This is a draft prepared by one contributor, published for public discussion. Nothing here is an adopted position of the project or a proposal it endorses. The purpose is to learn where Albertans agree, disagree, and want changes.
Alberta already has exclusive jurisdiction over natural resources (s.92A), education (s.93), property and civil rights (s.92(13)), health care administration, policing (s.92(14)), and child protection. The province can entrench these existing powers in a provincial constitution under s.45. What it cannot do unilaterally is reverse the federal residual power under Peace, Order, and Good Government, or displace federal paramountcy.
Current Law
The division of legislative powers between Parliament and the provincial legislatures is set in Constitution Act, 1867 ss.91 (federal heads) and 92 (provincial heads), with further heads in ss.92A (non-renewable natural resources, forestry, electrical energy), 93 (education), and 95 (concurrent agriculture and immigration). The residual federal power is the Peace, Order, and Good Government clause in the opening words of s.91, as interpreted in Reference re Anti-Inflation Act, [1976] 2 SCR 373, and subsequent cases.
Source of contention
Question 2: Restricting provincially funded programs to citizens and permanent residents
Provinces administer their own social programs under Constitution Act, 1867 s.92. Eligibility rules of this kind are within provincial authority, though they may face Canadian Charter of Rights and Freedoms scrutiny under s.15.
Question 3: Residency requirements for non-permanent residents
Provinces may set residency-based rules for provincial programs and services under s.92. Rules touching mobility may engage Charter s.6.
Question 4: Fees for healthcare and education for non-permanent residents
Health and education are provincial under s.92(7) and s.93. Fee structures are within provincial authority, subject to the conditions attached to federal health transfers under the Canada Health Act.
Proposed
All legislative and executive powers not expressly delegated to the federal government by the Constitution of Canada1, or voluntarily ceded by this Constitution, shall be reserved to the Province of Alberta.
The Province retains exclusive authority over its natural resources, energy policy, health careQ4, educationQ3, infrastructure, policing, property rightsQ2, the protection of children, and any matter not within the explicit jurisdiction of the Parliament of Canada.
The Province of Alberta shall maintain the full power and obligation to investigate, prosecute, and prevent crimes against children, including child pornography, child exploitation, and online sexual abuse, in cooperation with national and international partners, and consistent with the highest standards of justice and human dignity.
No federal statute or regulation shall have force within Alberta2 unless it complies with the Constitution of Canada, respects the rights protected by this Constitution, and does not infringe upon the reserved powers of the Province.
Classification note1Residual reservation of powers to the province. The clause as drafted reserves to Alberta all powers not expressly delegated to the federal government, mirroring the structure of the United States Tenth Amendment. In Canada, the residual power is federal under the opening words of Constitution Act, 1867 s.91 (Peace, Order, and Good Government), not provincial. A province cannot, by its own constitution under Constitution Act, 1982 s.45, reverse the constitutional default. Resolution path: no single Part V procedure reaches the residual-power doctrine; reversal would, at minimum, invoke the general amending formula under s.38 (7/50) and likely implicate s.41 as a change to the basic structure of the federation.
Classification note2Conditional force of federal law. The clause that no federal statute or regulation shall have force within Alberta unless it complies with the Constitution of Canada, respects the rights protected by this Constitution, and does not infringe upon the reserved powers of the province, reverses the doctrine of federal paramountcy. Validly enacted federal law prevails over conflicting provincial law in areas of overlap. Resolution path: no single Part V procedure reaches paramountcy as a structural feature.
Emergencies and the Preservation of Rights
Alberta alone
Alberta can adopt this now under its own authority (Constitution Act, 1982, s.45).
Current Law
Provincial emergencies are governed by the Emergency Management Act, R.S.A. 2000, c. E-6.8, and the Public Health Act, R.S.A. 2000, c. P-37. Federal emergencies are governed by the Emergencies Act, S.C. 1988, c. 29 (4th Supp.), which incorporates the Canadian Charter of Rights and Freedoms by reference and requires parliamentary review.
Proposed
The declaration of a provincial or federal emergency shall not suspend or nullify any rights1 guaranteed under this Constitution unless the suspension is temporary, clearly necessary to address an imminent and specific threat, authorized by a supermajority of the Legislative Assembly of Alberta, and subject to periodic review and automatic sunset.
No emergency order shall override the fundamental freedoms of expression, religion, mobility, privacy, or due process, except to the minimum extent strictly required to preserve life and public safety.
Emergency powers shall not be used to compel medical procedures, restrict access to religious worship, or deny individuals the ability to work or conduct lawful private enterprise unless authorized by law and subject to independent judicial oversight.
Legal accuracy note1Application of the Canadian Charter of Rights and Freedoms during emergencies. The section as drafted protects rights from suspension during emergencies. The Canadian Charter of Rights and Freedoms continues to apply during all provincial and federal emergencies; provincial constitutional protections add to, but do not displace, Charter protection. The notwithstanding clause (Charter s.33) is available only against s.2 and ss.7 to 15, and cannot be used against ss.3 to 6 (democratic and mobility rights) or ss.16 to 23 (official languages).
Judicial Review and Enforcement
What Alberta can do now
Alberta courts already have authority under Constitution Act, 1982 s.52 to declare federal measures of no force or effect where they are inconsistent with the Constitution of Canada, including the Charter. The province can create expedited judicial review procedures for matters arising under provincial law. What provincial courts cannot do is nullify federal measures on the basis of the provincial constitution alone.
Current Law
Constitution Act, 1982 s.52 makes the Constitution of Canada the supreme law and authorizes courts to declare inconsistent laws of no force or effect. Alberta courts already exercise this power over both federal and provincial legislation, subject to appeal to the Supreme Court of Canada.
Proposed
Any individual or entity affected by a declaration of emergency or by federal overreach into provincial matters shall have standing to challenge such actions in the courts of Alberta.
Alberta's courts shall have the authority to nullify the application of federal or provincial measures1 within Alberta that contravene this Constitution.
The Legislative Assembly shall ensure the availability of expedited judicial review in all matters arising under this Article.
Classification note1Provincial nullification of federal measures. The clause as drafted authorizes Alberta's courts to nullify the application of federal measures within Alberta that contravene the Constitution of Alberta. Constitution Act, 1982 s.52 lets Alberta courts find federal measures inconsistent with the Constitution of Canada, but not with the provincial constitution alone. A federal measure that is intra vires Parliament cannot be declared invalid by a provincial court on the basis of a provincial constitution. Resolution path: no single Part V procedure reaches this; the substance of the clause is paramountcy reversal, which is structural.
Duty to Defend Jurisdiction
Alberta alone
Alberta can adopt this now under its own authority (Constitution Act, 1982, s.45).
Current Law
The Government of Alberta routinely defends provincial jurisdiction through references, interventions, and litigation. The Judicature Act, R.S.A. 2000, c. J-2, lets the Lieutenant Governor in Council refer constitutional questions to the Court of Appeal of Alberta.
Proposed
The Government of Alberta shall have a continuing constitutional duty to defend the reserved jurisdiction, autonomy, and constitutional rights of Albertans against unlawful encroachment or overreach.
The Legislative Assembly may enact enabling legislation to give force and effect to this Article, including the creation of legal defense funds, commissions of inquiry, or intergovernmental negotiations for the protection of provincial powers and citizen rights.
Reserves to Alberta all powers not expressly delegated to the federal government
Exclusive provincial jurisdiction over named subjects including natural resources, health, education, policing, and child protection
Conditions emergency declarations on supermajority approval, time limits, and sunset
Empowers Alberta courts to nullify federal or provincial measures that contravene the Constitution of Alberta
Duty on the Government of Alberta to defend the province's reserved jurisdiction
Why this article is proposed
Alberta exercises a long list of provincial powers under Constitution Act, 1867 ss.92, 92A, 93, and 95: natural resources, health care, education, policing, property, child welfare, and more. Most of these are well-settled. The article would gather them into a single provincial statement and add a duty on the Government of Alberta to defend them.
What it would change
Two clauses in Section 1 would change the constitutional baseline rather than restate it:
The first clause reserves to Alberta all powers not expressly delegated to the federal government. Canada's residual power runs the other way: under the opening words of Constitution Act, 1867 s.91 (Peace, Order, and Good Government), powers not otherwise assigned belong to Parliament.
The fourth clause conditions the in-force effect of federal statutes within Alberta on their compliance with the Constitution of Alberta and the provincial reserved powers. This reverses federal paramountcy.
Section 2 limits provincial emergency powers (a province can constrain its own emergency authority). Section 3 authorizes Alberta courts to nullify federal measures within Alberta that contravene the provincial constitution; provincial courts can only declare federal measures invalid against the Constitution of Canada. Section 4 creates a duty to defend provincial jurisdiction, which is already a routine function of the Government of Alberta.
The legal basis
The provincial heads of power in Constitution Act, 1867 ss.92, 92A, 93, and 95 give Alberta substantial authority that does not depend on a written provincial constitution. Constitution Act, 1982 s.45 lets Alberta entrench rules about how those powers are exercised. What s.45 cannot do is shift powers between Parliament and the provincial legislatures or reverse paramountcy; those changes require the general amending formula under s.38 or, in some cases, unanimity under s.41.
Open questions
Four referendum questions on the October 2026 ballot relate to provincial authority over named subjects in Section 1:
Question 2 asks whether access to provincially funded programs should be restricted to Canadian citizens and permanent residents. Eligibility rules for provincial programs are within provincial jurisdiction under s.92, subject to Canadian Charter of Rights and Freedoms s.15 review.
Question 3 asks whether Alberta should impose residency requirements on non-permanent residents. Residency-based access to provincial programs is within provincial jurisdiction, with possible Charter s.6 issues.
Question 4 asks whether Alberta should charge fees for health care and education for non-permanent residents. Fees are within provincial jurisdiction, with conditions attached to federal transfers under the Canada Health Act, R.S.C. 1985, c. C-6.
The broader question of paramountcy reversal is addressed in Articles IV and XII (Question 9). It cannot be enacted by Alberta alone.
Albertans will also need to consider whether to entrench the reserved-powers framing in Section 1, knowing that the U.S.-style residual clause and the conditional-force clause are political signals rather than enforceable rules under the existing Constitution of Canada.
Revision 12026-05-20
major
Initial draft of Article X from the v2 draft constitution, with per-section classification, current-law context, and editorial notes.