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.
Continuity of Laws and Institutions
Alberta aloneContested
Alberta can adopt this now under its own authority (Constitution Act, 1982, s.45). However, this classification is contested; the provision may face a Charter challenge or other legal obstacle.
Current Law
Continuity of laws and institutions across constitutional change is a standard feature of Westminster transitions. Constitution Act, 1867 s.129 preserved the laws of the colonies in force at Confederation. Provincial succession statutes (Interpretation Act, R.S.A. 2000, c. I-8) provide similar continuity rules for ordinary legislative change.
Proposed
Unless and until repealed or amended by law enacted under this Constitution, all laws, regulations, institutions, contracts, and orders lawfully in force at the time of ratification shall remain in effect, provided they do not conflict with this Constitution.
Where a conflict exists, the provisions of this Constitution shall prevail, and the conflicting portion shall be deemed void to the extent of the inconsistency.
Continuity of Government Officers
Alberta aloneContested
Alberta can adopt this now under its own authority (Constitution Act, 1982, s.45). However, this classification is contested; the provision may face a Charter challenge or other legal obstacle.
Current Law
Continuity of office across constitutional change is a standard transitional rule and is consistent with the principle in Constitution Act, 1867 s.129 (continuance of existing laws, courts, and officers).
Proposed
All persons lawfully holding office within the government of Alberta at the time this Constitution comes into force shall continue to hold their respective offices, subject to the powers, limitations, and terms defined herein.
Officers and institutions established under prior law shall be reconstituted under this Constitution at the earliest practicable time, with all reasonable efforts made to preserve lawful continuity of public administration.
Transitional Judicial Authority
Alberta aloneContested
Alberta can adopt this now under its own authority (Constitution Act, 1982, s.45). However, this classification is contested; the provision may face a Charter challenge or other legal obstacle.
Current Law
Constitution Act, 1867 s.129 preserved the courts and judicial proceedings of the pre-Confederation colonies. Similar transitional principles govern any change to court structure that proceeds by legislation.
Proposed
Until such time as the judiciary of Alberta is formally reconstituted under this Constitution, courts of competent jurisdiction shall interpret and apply this Constitution faithfully1, with reference to its plain meaning and intended purpose, giving preference to liberty, local self-government, and limited state power in cases of ambiguity.
Judicial rulings based on prior statutory or common law precedents shall remain persuasive but not binding where they conflict with this Constitution.
Legal accuracy note1Interpretive direction. The section as drafted directs the courts, during the transition, to interpret the Constitution with reference to its plain meaning and intended purpose, giving preference to liberty, local self-government, and limited state power in cases of ambiguity. Canadian courts apply purposive interpretation to constitutional text (Hunter v. Southam Inc., [1984] 2 SCR 145). An interpretive direction of this kind is a permissible legislative aid; courts will weigh it alongside the text, structure, and history of the document.
Implementation Measures
Alberta aloneContested
Alberta can adopt this now under its own authority (Constitution Act, 1982, s.45). However, this classification is contested; the provision may face a Charter challenge or other legal obstacle.
Current Law
Implementation of new constitutional or statutory frameworks in Alberta is the responsibility of the Executive Council, the relevant ministries, and the Assembly through enabling legislation. The Interpretation Act and the Public Service Act provide the standard tools.
Proposed
The Executive Branch is empowered to take all reasonable and lawful steps necessary to implement this Constitution, including the creation or modification of public bodies, enforcement mechanisms, and administrative systems necessary to ensure legal continuity and constitutional conformity.
Where specific legislative authority is not yet established, interim actions may be taken for the preservation of public peace, good order, and governance, so long as such actions are consistent with the spirit and letter of this Constitution.
Interim Application of Federal Law
Alberta aloneContested
Alberta can adopt this now under its own authority (Constitution Act, 1982, s.45). However, this classification is contested; the provision may face a Charter challenge or other legal obstacle.
Current Law
Federal laws apply within Alberta by virtue of the Constitution Act, 1867 and federal statutes themselves. Provinces administer some federal law (criminal prosecutions, federal-provincial programs) under federal-provincial arrangements.
Proposed
Unless expressly rejected by future legislation or constitutional amendment, federal laws, programs, and agreements in effect at the time of ratification shall continue to apply within Alberta1 in the manner and to the extent previously recognized, provided they do not conflict with the provisions or purpose of this Constitution.
This provision does not affirm federal jurisdiction but provides for practical continuity pending renegotiation, repeal, or Alberta legislation to the contrary.
Legal accuracy note1Continued application of federal law. The section as drafted continues the application of federal laws and programs unless expressly rejected by future legislation or constitutional amendment. Federal laws apply within Alberta as a matter of federal jurisdiction, not provincial sufferance. The section is best read as a transitional statement of practical continuity, not as a provincial repeal of any federal statute.
Ratification and Enactment
Alberta aloneContested
Alberta can adopt this now under its own authority (Constitution Act, 1982, s.45). However, this classification is contested; the provision may face a Charter challenge or other legal obstacle.
Current Law
Alberta's Referendum Act, R.S.A. 2000, c. R-8.5, governs province-wide referenda. Alberta has not previously enacted a provincial constitution by referendum; the most recent provincial constitutional referendum process anywhere in Canada was British Columbia's 2005 and 2009 referenda on electoral reform.
Proposed
This Constitution shall take effect upon ratification by the people of Alberta in a province-wide referendum conducted in accordance with law. The date of ratification shall be entered into the official Register of the Constitution of Alberta and made publicly available.
Existing Alberta laws and institutions continue in force unless they conflict with the new constitution
Officeholders continue in their offices, with reconstitution at the earliest practicable time
Transitional judicial authority preserves continuity of proceedings
Federal laws and programs continue to apply unless expressly rejected
Ratification by province-wide referendum is the effective date
Why this article is proposed
Any constitutional change requires a rulebook for the transition: which existing laws continue, who keeps their office, how courts handle pending cases, and how the new framework comes into force. The article supplies that rulebook.
What it would change
Existing Alberta laws, institutions, contracts, and orders continue in force unless they conflict with the new constitution. Officeholders stay in their offices and their institutions are reconstituted at the earliest practicable time. Courts continue to handle pending cases under an interpretive direction that favours liberty, local self-government, and limited state power in cases of ambiguity. Federal laws and programs continue to apply unless expressly rejected. The Constitution takes effect on ratification by province-wide referendum.
The legal basis
Transitional provisions are a standard feature of constitutional adoption and are within Alberta's authority under Constitution Act, 1982 s.45. The model is Constitution Act, 1867 s.129, which continued the laws, courts, and officers of the pre-Confederation colonies. The article does not displace any federal jurisdiction; federal law applies within Alberta on its own terms.
Open questions
Two questions for Albertans: how to handle existing provincial legislation that may be inconsistent with the new constitution, given the volume of potentially affected statutes and regulations; and what referendum threshold is appropriate for ratification under Section 6, since the article does not specify whether ratification requires a simple majority province-wide or a more demanding measure.
Revision 12026-05-20
major
Initial draft of Article XVI from the v2 draft constitution, with per-section classification, current-law context, and editorial notes.