Constitution of Alberta: Governance and Legal Framework
The Constitution of Alberta establishes the fundamental rules and legal principles that govern the Canadian province of Alberta. Unlike many national constitutions, Alberta operates under an unwritten constitution. This means that rather than being contained in a single, consolidated document, the province's governing framework is derived from a collection of various legal sources.
Modelled after the Westminster system used in the United Kingdom, Alberta's constitutional framework comprises a combination of legislation, court decisions, proclamations, and conventions. While the office of the Attorney-General once identified 23 specific acts as potentially constitutional, they noted that no definitive list exists, as the governance of the province is informed by the totality of these legal instruments.
Key Facts
- Alberta utilizes an unwritten constitution based on the Westminster system.
- The province's foundational structure was established by the Alberta Act (1905).
- Provincial powers are limited by the Constitution of Canada and Section 92 of the Constitution Act, 1867.
- All provincial laws are subject to judicial review and the Canadian Charter of Rights and Freedoms.
- The Constitution of Alberta Amendment Act, 1990 is the only law explicitly made part of the provincial constitution as of 2021.
The Relationship with the Canadian Federation
As a member of the Canadian federation, Alberta does not operate in isolation. Its authority is clearly delineated by the Constitution of Canada, which manages the division of powers between the federal government and the provinces.
Under Section 92 of the Constitution Act, 1867, the Alberta legislature is permitted to create laws only on topics specifically delegated to the provinces. Furthermore, since 1982, all provincial legislation must adhere to the Canadian Charter of Rights and Freedoms, ensuring that individual rights are protected against state infringement. These boundaries are enforced through judicial review, where courts determine the legality of government actions.
Foundational Documents and Evolution
The structural origins of the province date back to the Alberta Act (1905), a statute passed by the federal parliament. This act is recognized as a constitutional document and is listed in the appendix to the Constitution Act, 1982.
Despite these federal origins, Alberta maintains the power to modify its own internal composition without federal approval, provided it stays within legal limits. This flexibility has allowed the province to experiment with different electoral systems over time, including first-past-the-post and hybrid models involving instant-runoff voting and single transferable votes.
Constitutional Amendments and Métis Settlements
Since 1982, a specific formula within the Constitution of Canada has allowed provinces to explicitly enshrine certain laws as part of their constitution. Alberta has utilized this mechanism only once. Through the Constitution of Alberta Amendment Act, 1990, the province guaranteed the existence of Métis settlements, ensuring they cannot be abolished without the consent of the Métis people in Alberta.
| Component | Description/Source | Legal Status |
|---|---|---|
| General Framework | Unwritten (Legislation, Court Decisions, Conventions) | Westminster Model |
| Foundational Act | Alberta Act (1905) | Constitutional Document |
| Federal Constraints | Constitution Act, 1867 (Section 92) | Division of Powers |
| Human Rights | Canadian Charter of Rights and Freedoms (1982) | Binding/Judicial Review |
| Explicit Amendment | Constitution of Alberta Amendment Act, 1990 | Enshrined Protection for Métis Settlements |
Frequently Asked Questions
What does it mean that Alberta has an "unwritten constitution"?
It means there is no single document called "The Constitution" that contains all the rules. Instead, the constitution consists of various statutes, court rulings, official proclamations, and established conventions that collectively dictate how the province is governed.
How is Alberta's power limited by the federal government?
Alberta's legislative authority is restricted to the areas delegated to provinces under Section 92 of the Constitution Act, 1867. Any laws that exceed this jurisdiction or violate the Canadian Charter of Rights and Freedoms can be overturned via judicial review.
What is the significance of the Alberta Act (1905)?
The Alberta Act is the federal statute that originally created the province and set out its basic structure. It is officially recognized as a constitutional document under the Constitution Act, 1982.
Can Alberta change its own electoral system?
Yes. Alberta has the power to change its internal composition and electoral rules without federal approval. This is evidenced by its history of using both first-past-the-post and hybrid voting systems.
What is the only law explicitly enshrined in Alberta's constitution?
The Constitution of Alberta Amendment Act, 1990, is the only law explicitly made part of the constitution. It protects Métis settlements from being abolished without the consent of the Métis people.