Constitution of Alberta

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 Britain's (on which it is modeled), 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-a-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 Canadian 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 mixed member 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 to date. 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

↑ F. L. Morton (17 May 2004). "Provincial Constitutions in Canada" (PDF). Retrieved 2014-08-01.
↑ https://scc-csc.lexum.com/scc-csc/scc-csc/en/7952/2/document.do "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..."

Topics on Alberta

History	Alberta Act Fur trade Historic sites Numbered Treaties Petroleum industry Social Credit

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

Geography	Demographics Mountains Parks Lakes Rivers

Communities	Municipal districts (counties) Specialized municipalities Cities Towns Villages Summer villages Hamlets Indian reserves Métis settlements Census divisions Census agglomerations Designated places

Economy	Companies Alberta Treasury Branch Tourism Highways Airports

Culture	Media Education Festivals First Nations Franco-Albertans Métis Music Sports People Symbols Flag Coat of arms Anthem

Category Portal WikiProject

Constitution of Canada

List of Constitutional Documents

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

Constitution Act, 1867

Powers under Section 91	Peace, order, and good government Trade and commerce Criminal law Matters excepted from s. 92

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

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 32 33 34

Part II – Rights of the Aboriginal peoples of Canada	35

Part III – Equalization and regional disparities	36

Part VII – General	52 59

Conventions

At Her Majesty's pleasure Cabinet collective responsibility Disallowance and reservation Equal authenticity rule Responsible government Fusion of powers Queen-in-Parliament Individual ministerial responsibility Interpellation Question Period Parliamentary privilege Parliamentary sovereignty Reserve power Royal prerogative

Constitutional debate since 1982

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

Interpretation of the Constitution

Aboriginal self-government Pith and substance Double aspect Paramountcy Living tree Implied Bill of Rights Interjurisdictional immunity Purposive theory Dialogue principle

Provincial constitutional law

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

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