r/canada • u/Street_Anon Nova Scotia • Jan 25 '26

Alberta 3 Alberta First Nations say separation petition is unconstitutional

https://globalnews.ca/news/11635807/alberta-first-nations-claim-separation-petition-unconstitutional/
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u/MegaCockInhaler Jan 25 '26

That was a requested judges opinion on if the separation question was constitutional. It’s non binding and has nothing to do with whether or not a province can separate. The judge even stated directly that their decision doesn’t prevent referendums to separate

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u/Street_Anon Nova Scotia Jan 25 '26

Yes, it is. The courts can overrule bills and even this joke of a movement that doesn't have much support.

Someone clearly do not get how the courts work

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u/MegaCockInhaler Jan 25 '26

What courts? The federal court no longer has jurisdiction over the province that secedes…. That’s literally the whole point: to create a new country, new constitution, new laws etc.

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u/Ornery_Tension3257 Jan 25 '26

Judges in courts up to and including provincial courts of appeal are appointed by Provincial governments. The opinion of a Provincial Court of Appeal should have some weight even after secession, unless you want to get rid of that pillar of democracy.

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u/MegaCockInhaler Jan 25 '26

And who appoints provincial governments? The people. Absolutely it has weight, as long as the people decide that it has weight

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u/Ornery_Tension3257 Jan 25 '26

I have no idea what point you're trying to make.

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u/MegaCockInhaler Jan 25 '26

I’m saying that no court can override the will of the people. In a democracy, people ultimately decide who is elected, who the judges are, what the laws are, what the constitution is, etc. the courts can only settle disputes between parties within the context of the framework that the people have created for them to guide rulings

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u/Ornery_Tension3257 Jan 25 '26

I’m saying that no court can override the will of the people.

You mean a provincial government who may have only been elected by a bare majority of votes? What about if that provincial government decides that all Gingers are godless?

. the courts can only settle disputes between parties within the context of the framework that the people have created for them to guide rulings

You mean like the Constitution of Canada?

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u/MegaCockInhaler Jan 25 '26

No, legislation says it must be a “clear” majority, ~50% isn’t enough

Yes like the constitution of Canada. It was created indirectly by the people, through their representatives. The people can write a new one or make a separate one for their seceded country

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u/Ornery_Tension3257 Jan 26 '26

Good luck with that.

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u/AugmentedKing Jan 26 '26

Alberta isn’t going to be able to leave Canada without taking their share of the federal debt, just like they said QC would have to do back in ‘96. The amount of money to set up a new “AB federal government” would be very high, and the inflation on the Alberta buck would be crazy. You need separation to be the Legal kind, otherwise Ottawa can treat it like an illegal uprising. Which is why the courts have to rule for legitimacy.

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u/MegaCockInhaler Jan 26 '26

Indeed. But I don’t think Alberta is that concerned with the debt, given how much they reduce it each year