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Issue Eighteen: Law and the
Charter of Rights and Freedoms
Canada’s constitution can only apply in Canada. It includes a number of foundational written laws, the two main ones being the Constitution Act, 1982 (formerly called the British North America Act, 1867) and the Canadian Charter of Rights and Freedoms, 1982, usually called the Charter. Neither of these two written laws will apply in an independent Alberta. That will cause problems for Alberta residents, including, but not limited to:
Issue 18 (a)
Unlike now, Albertans in an independent Alberta will have no Charter-guaranteed mobility rights vis-a-vis the rest of Canada. They will need Canada’s approval to immigrate into Canada and a passport to visit Canada. There will be no guarantee they could work in Canada, ever. For a local example, those who work in Canadian Forces Base Suffield (owned by Canada) might never be allowed to work there, because Canada would limit foreigners working in Canada and, also, would not want foreigners working in its defence facilities.
Question Eighteen (a)—How will an independent Alberta government assist Alberta residents who are denied work in Canada because, there, they will be foreigners?
Issue 18 (b)
The Charter governs governments. Because of it, Canada’s form of governance was changed from a parliamentary democracy (Westminster-style democracy) to a constitutional democracy with a Westminster parliament. This is true of Canada’s federal parliament and of all thirteen provincial and territorial governments.
Question Eighteen (b)—What style of government will the government of an independent Alberta be?
Gregory R. Côté, Irvine
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