FreeAlberta.com: For An Independent Alberta

Interpreting the Clarity Act

Essentially, the Clarity Act is an extension of the Supreme Court’s opinion that a province cannot secede unilaterally, but that the Government of Canada is obligated to negotiate a secession if there is a "clear mandate on a clear question." But the Clarity Act still leaves many things unclear.

While the Supreme Court and the Clarity Act (2000) speak of a clear majority, it is uncertain what is meant by a clear majority. And the Supreme Court indicated that a majority of 50%+1 of the ballots cast would not be sufficient. Many suggestions on what constitutes a clear majority have been made, from 50%+1 of eligible voters, to supermajorities requiring 2/3 of the ballots cast for secession. As an advocate for Alberta’s secession, let me propose another: 50%+1 of the ballots cast plus 50%+1 of Alberta’s Legislative Assembly.

The addition of the vote of the Legislative Assembly is an additional requirement which lends credibility, since it no longer solely depends upon the referendum vote, but on the vote of the MLA’s for the question as well. Would it be a sufficient action to be a clear majority? Nobody knows. However, two separate votes for secession would address the Supreme Court’s decision to refer to a clear majority, as opposed to a majority defined as 50%+1.

Further, once a province has a legal case to begin negotiating secession, certain international pressure would certainly be borne on Canada. In the case of Quebec, it is quite likely that France would recognize Quebec as an independent state as early as feasible within the scope of political realities. Alberta does not have a foreign government willing to recognize Alberta as an independent state.

However, Alberta does have the examples of other precedents internationally. We have the examples of peaceful secession between Norway and Sweden in 1905, Singapore and Malaysia in 1965 or the Czech Republic and Slovakia in 1993. Each of these countries used varied forms of a simple majority vote to achieve independence. The Velvet Divorce was negotiated between elected leaders, giving international credibility to future secessions based on representative democracy. Singapore’s independence from Malaysia was similarly accomplished by elected representatives. Norway separated from Sweden in 1905, and Sweden did not accept it until Norway voted for it by referendum. No conditions for a supermajority were required by the Swedes.

By having two separate votes for independence, by a vote in the Legislature and by referendum, Alberta would satisfy the Supreme Court’s opinion for a clear majority. It would also generate some sympathy internationally, since Alberta’s case would be stronger (from a democratic point of view) than Norway, Singapore, the Czech Republic or Slovakia.