A little constitutional reality

[The Terrible Sweal]

Hi there,

Just a point of information here ... Whether any province has a 'right' to Separate is open to a lot of question. However, in contrast to self-governing colonies who who pre-existed confederation and may argue a right to 'retract their contract' with the Dominion, Alberta and Saskatchewan certainly have no such right.

To be specific, the territory of Alberta and Saskatchewan have provincial-soveriegn status only by and through their status within the constitution of Canada. The moment they should somehow cease to be Provinces of Canada, they revert the the sovereign jurisdiction of the Crown in Right of Canada (as directed by Parliament, of course).

So there you go.

[Michael Hardner]

The moment they should somehow cease to be Provinces of Canada, they revert the the sovereign jurisdiction of the Crown in Right of Canada (as directed by Parliament, of course).

What does that mean ? And how does the Clarity act come into play here ?

[The Terrible Sweal]

It refers to the historical status ... the territory of these provinces was the possession of the Crown in Right of Canada after it was ceded by the Northwest Company. By and through the constitution of Canada, these territories were made into 'Provinces'. In the absence of that constitutional status (say if rioting or a purported 'separatist government' overthrew or destroyed the government structure) the landmass of these provinces is basically just federal crown land.

As for the Clarity Act, it is only effective to the extent it is constitutional, so I don't think it changes the basics of my point.