Provinces challenge albertas referendum

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Reference no: EM133856189

Question

Assume that you are drafting a blog article for the ABlawg. The purpose of your article is to provide a speculative analysis of the constitutionality of the following. Assume the Government of Alberta has put forward the following referendum question: "Do you agree that Alberta should seek sovereighty-association with the United States, after having made a formal offer to Canada for a new economic and political partnership within the scope of the Alberta Sovereignty Within a United Canada Act?" The result of the referendum was a voter turnout of 95% with 48% voting no and 52% voting yes. Following this result the Government of Alberta proposed that the partnership it was willing to accept with the Government of Canada required complete Provincial autonomy over matters of resource extraction, environmental regulation, international trade and citizenship. This would mean that these areas would be immune to both the questions of the federal and provincial distribution of legislative authority and charter scrutiny. The Government of Canada has used the Federal Clarity Act to challenge the constitutionality of the referendum and rejected Alberta's proposal.

Your article will need to answer the following questions:

1. Does the Province of Alberta have the authority to ask this question in a referendum? Why or why not?

2. How will the Supreme Court likely respond if Parliament or the other Provinces challenge Alberta's referendum?

Reference no: EM133856189

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