In its Reference Relating to the Secession of Quebec of 1998, the Supreme Court ruled that the federal government would be under an obligation to negotiate the secession of Quebec if the National Assembly adopted a motion to that effect which would enjoy broad support. Population. A referendum in favor of secession, with a clear question and a clear majority, would give political weight to this resolution, but it was not absolutely necessary.
This obligation to negotiate extends not only to secession, but also to other constitutional amendments, depending on the interpretation that several jurists have given to the reference. It is as if the Supreme Court had wanted to take into account the possibility that Quebecers could opt for changes that do not go as far as pure and simple independence, but rather lead to a particular status or to sovereignty-association. . After all, this last option was the one defended by René Lévesque’s Parti Québécois.
The Premier of Alberta, Jason Kenney, decided to take this route set out by the Reference by holding a referendum on whether to abolish section 36 (2) of the Constitution of 1982, an article which makes equalization, a constitutional obligation, a plan that benefits Quebec and that enabled it to collect 13 billion in 2019-2020. The federal government generates the most per capita income in Alberta. Given their numbers, however, Ontarians collectively put the most taxes and income into federal coffers.
Alberta is the only province to have tried it. Quebec, which nevertheless has ambitions to obtain changes to the Constitution, has never dared. In its New Nationalist Project, the Coalition d’avenir Québec affirms that it intends to demand constitutional changes that require bilateral agreements, such as full powers in matters of immigration and control over the port infrastructure of the St.Lawrence River, others. which require the approval of seven provinces representing more than 50% of the Canadian population, such as the formal recognition of the Quebec nation and the framework of the federal spending power, and, finally, others which require unanimity, such as the abolition of the office of lieutenant-governor and the granting to Quebec of a right of veto on possible constitutional modifications. Big talker, little doer, the Legault government has done nothing.
So we must be grateful to Jason Kenney for his attempt to obtain a modification of the Constitution which Pierre Elliott Trudeau said was good for a thousand years, that is to say, irreformable.
Held during the municipal elections, the referendum on the abolition of equalization received 61.7% of Yes while 39% of registered voters took part in the exercise. Some believe that these results are inconclusive since only 24% of voters voted for Yes. As such, the Liberals, in the last election, received the support of only 19% of registered voters, and Justin Trudeau still leads the country.
In addition, as is the case with the referendums held in Quebec and the rest of Canada, this Alberta referendum is only consultative. And while it is true that its stake has hardly aroused passions in the cottages, it is up to the Legislative Assembly of Alberta to take note of the results and to formulate, in a motion, a formal request for modifications. constitutional.
Jason Kenney is counting on the support of other provinces led by Conservative or Conservative governments that do not benefit from equalization, such as Saskatchewan and Ontario. So far, Ontario Premier Doug Ford, in the midst of an election year, has remained silent on the issue. We can understand that he does not want to get closer to his Albertan counterpart, who is breaking unpopularity records. After his dismal handling of the pandemic, Jason Kenney is now embroiled in yet another controversy targeting members of his entourage accused of sexual harassment. The blacklist is growing.
His referendum attempt risks ending up in a wet firecracker if Doug Ford fails him. Jason Kenney himself admitted this week that he won’t be able to get the changes he wants. For him, this is just a way to build a balance of power by drawing inspiration from the methods that Quebec has used for 50 years. In itself, this admission, which smacks of resignation, is a funny way of convincing Ottawa of its seriousness.