Constitution of Alberta

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Alberta
Topics

* Constitution
* Culture
* History
* Politics
* Separatism

History

* Aboriginal
* Pre-Confederation
* Early 20th century
* World War II
* Post-war

Politics

* Political history
* Liberal / Social Credit dominance
* Progressive Conservative dominance
* Recent politics

Timeline of Alberta history

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The Constitution of Alberta describes the fundamental rules under which the Canadian province of Alberta is governed. As is typical of all Canadian provinces, and Westminster systems more generally, Alberta's is an unwritten constitution. Alberta's constitution, like the United Kingdom's (on which it is modelled), includes any and all pieces of legislation, court decisions, proclamations, and conventions which together inform how the province operates. Many statutes are important to understanding the governance of the province, but nowhere are they consolidated into a single document or even a list. The office of Attorney-General at one time suggested 23 acts which might be included, but cautioned that this was not a "definitive list".[1] However, since Alberta is a part of federation, its powers are clearly delineated in law, via the Constitution of Canada.

As part of the Canadian federation, Alberta, like all of the provinces, is bound by the terms of the Constitution of Canada; this includes rules concerning the division of powers between the federal order of government and the provinces, as well as the rights of individuals vis-à-vis the state. The legislature of the province can only legislate on topics delegated to the provinces under Section 92 of the Constitution Act, 1867, and since 1982 it is further bound by the Canadian Charter of Rights and Freedoms, in both instances being subject to judicial review.

At the time that Alberta was created, the basics of its structure were set out in a statute passed by the federal parliament, the Alberta Act (1905). This is considered a constitutional document and is listed as such in the appendix to the Constitution Act, 1982. Nevertheless, Alberta has always had the power to change its own internal composition without the approval of the federal parliament (within limits), and has done so on many occasions. For example Alberta has at various times had both a first-past-the-post and a hybrid single transferable vote / instant-runoff voting electoral system.

Since 1982, provinces have had the option of making some laws explicitly part of their constitution under a formula contained within the Constitution of Canada. Alberta has done this only once as of 2021[update]. The Constitution of Alberta Amendment Act, 1990 enshrines the existence of Métis settlements in Alberta and provides a guarantee that they will not be abolished without the consent of the Métis people in Alberta.[2]

## References

[edit]

1. ^ F. L. Morton (17 May 2004). "Provincial Constitutions in Canada" (PDF). Retrieved 2014-08-01.
2. ^ "Archived copy". Archived from the original on 2014-08-08. Retrieved 2014-08-01.`{{cite web}}`: CS1 maint: archived copy as title (link) "The constitution of Alberta, which, in the British tradition, is unwritten, was amended to provide constitutional recognition for the changes. The preamble to the Constitution of Alberta Amendment Act, 1990 offers crucial insight into the objects of the legislation..."

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Topics on Alberta

History|

* Timeline of Alberta history
* Alberta Act
* Fur trade
* Historic sites
* Numbered Treaties
* History of the petroleum industry
* Timeline of the petroleum industry in Alberta
* Social Credit

Politics|

* Constitution
* Political parties
* Elections (last)
* Government
* Lieutenant Governor
* Cabinet
* Premier (past)
* Speaker
* Legislature
* Electoral districts
* Monarchy
* Leader of the Opposition

Geography|

* Demographics
* Mountains
* Parks
* Lakes
* Rivers

Communities|

* Municipal districts
* Specialized municipalities
* Cities
* Towns
* Villages
* Summer villages
* Hamlets
* Indian reserves
* Métis settlements
* Census divisions
* Census agglomerations
* Designated places

Economy|

* Companies
* Alberta Treasury Branches
* Alberta Innovates
* Environmental issues
* Tourism
* Highways
* Airports

Culture|

* Media
* Education
* Festivals
* First Nations
* Franco-Albertans
* Métis
* Music
* Sports
* People
* Symbols
* Flag
* Coat of arms
* Anthem
* Alberta Advantage
* Battle of Alberta

* Category
* Canada portal
* WikiProject

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Constitution of Canada (by province or territory)

Provinces|

* Alberta
* British Columbia
* Manitoba
* New Brunswick
* Newfoundland and Labrador
* Nova Scotia
* Ontario
* Prince Edward Island
* Quebec
* Saskatchewan

Territories|

* Northwest Territories
* Nunavut
* Yukon

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Constitution of Canada

* List of constitutional documents
* Amendments to the Constitution
* Quasi-constitutional law

Pre-Confederation constitutional documents

* Iroquois constitution
* Mi'kmaq constitution
* Constitution of New France
* Royal Proclamation of 1763
* Quebec Act of 1774
* Constitutional Act of 1791
* Declaration of Independence of Lower Canada (1838)
* Report on the Affairs of British North America (1839)
* Act of Union 1840

Confederation

* Charlottetown Conference, 1864
* Quebec Conference, 1864
* Quebec Resolutions
* London Conference, 1866
* Fathers of Confederation

| Constitution Act, 1867|

* Canadian federalism
* Preamble
* Section 121
* Section 125

| Powers under
Section 91|

* Peace, order, and good government
* Trade and commerce
* Criminal law
* Matters excepted from s. 92

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Powers under
Section 92|

* Licensing
* Works and undertakings
* Property and civil rights
* Administration of justice
* Fines and penalties for provincial laws
* Matters of a local or private nature

Amendments and other constitutional documents 1867–1982

* British North America Acts, 1867–1982
* Manitoba Act, 1870
* Alberta Act, 1905
* Saskatchewan Act, 1905
* Statute of Westminster, 1931
* Newfoundland Act, 1949

Patriation

* Fulton–Favreau formula
* Victoria Charter
* Kitchen Accord/Night of the Long Knives

| Constitution Act, 1982|

| Part I – Canadian Charter of Rights and Freedoms|

* Preamble
* 1
* 2
* 3
* 4
* 5
* 6
* 7
* 8
* 9
* 10
* 11
* 12
* 13
* 14
* 15
* 16
* 16.1
* 17
* 18
* 19
* 20
* 21
* 22
* 23
* 24
* 25
* 26
* 27
* 28
* 29
* 30
* 31
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* 34

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Part II – Rights of the Aboriginal peoples of Canada|

* 35
* 35.1

Part III – Equalization and regional disparities|

* 36

Part V – Procedure for amending Constitution of Canada|

* 38
* 39
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* 41
* 42
* 43
* 44
* 45
* 46
* 47
* 48
* 49

Part VII – General|

* 52
* 53
* 54
* 55
* 56
* 57
* 58
* 59

Conventions

* At His Majesty's pleasure
* Cabinet collective responsibility
* Disallowance and reservation
* Responsible government
* Fusion of powers
* King-in-Parliament
* Implied repeal
* Individual ministerial responsibility
* Interpellation
* Question Period
* Parliamentary privilege
* Parliamentary sovereignty
* Reserve power
* Royal prerogative

Constitutional debate

* Triple-E Senate
* Meech Lake Accord
* Charlottetown Accord
* Calgary Declaration
* Other unsuccessful amendments

Interpretation of the Constitution

* Indigenous self-government
* Pith and substance
* Double aspect
* Equal authenticity rule
* Paramountcy
* Living tree
* Implied Bill of Rights
* Interjurisdictional immunity
* Purposive theory
* Dialogue principle

Provincial constitutions of Canada

* Constitution of Alberta
* Constitution of Quebec
* Constitution Act (British Columbia)

* Canada portal
* Category

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