CANMORE – If Alberta can’t get its oil to international markets in a timely manner United Conservative Party leader Jason Kenney said he is prepared to hold a referendum to amend the country’s constitution.
During a luncheon in Canmore on Thursday (March 14), he said if he is elected he will let Albertans vote in a referendum on the federal government’s equalization program, which relies heavily on Alberta to support provinces that are struggling economically.
In December, the federal government announced $18.86 billion of equalization money would be transferred to the provinces, including more than $13 billion to Quebec. Alberta receives nothing through the agreement, but sends billions annually to Ottawa.
“We Albertans are generous, we pride ourselves on sharing some of our prosperity with other parts of Canada when times are good here and bad elsewhere, but what we can not abide are politicians, or governments in other parts of the country benefiting massively from transfers generated from the hard work and resources of Albertans only then to seek to block those resources and damage our economy,” said Kenney.
“That is why if we can not get a guarantee from the federal government about the timely completion of a coastal pipeline, if we can not get the withdrawal of damaging policies like the no more pipeline act, Bill C69, then I would be prepared to allow Albertans to speak on amending the constitution, a referendum on equalization, section 36 of the constitution.”
He pointed to a Supreme Court of Canada decision 21 years ago that concluded if Quebec were to hold another referendum to separate from Canada and a clear majority voted in favour of secession, the federal government would have no way to block or deny Quebec from separating, so long as negotiations are done in good faith.
Based on that decision he said Alberta could hold its own referendum to amend the constitution and seek a “new deal” within the Canadian federation.
“I believe we could do this with our friends next door in Saskatchewan, the other major 'have province' and contributor to fiscal federalism,” said Kenney. “It wouldn’t guarantee a particular outcome, but what it would do is to elevate our fight for fairness to the top of the national agenda.”
James Muir, an associate professor with the department of history and faculty of law at the University of Alberta, cast doubt on Kenney's promise.
"The referendum would have no legal effect and his reference to the Quebec referendum either suggests he doesn't understand constitutional law or he's using it to essentially lie to people," said Muir, explaining the Supreme Court decision was about how a province can separate from Canada not about how it can amend the constitution.
In the event the UCP party is elected and decides to hold a referendum, Muir said it would be nearly impossible to amend the constitution.
"Section 36 is a section that can only be amended with a general procedure as laid out in section 38, that would require the House of Commons, the Senate and at least seven provinces representing at least 50 per cent of the population voting in favour of it," said Muir.
He also criticized Kenney for misleading the public about how equalization actually works and using it to stir up resentment towards the rest of Canada.
"He knows how it works, that's why I'm saying he's lying about it," said Muir, explaining Kenney was part of the federal cabinet when equalization was renegotiated with the provinces.
"He's lying about it to make Albertans angry at the rest of the country, which serves a political purpose for him."
