So then the thought occurred, What is or is there an Canadian constitutional succession clause and would Britain have retained sovereign land title or required process for Alberta secession? Anyway Just some FYI stuff...
Sounds like it would require a Canadian Constitutional Amendment?
Canada's Constitution does not provide a straightforward or unilateral path for any province (such as Alberta) to secede (often misspelled as "succeed" in the query). The key legal framework comes from two main sources:The 1998 Supreme Court of Canada decision in the Reference re Secession of Quebec (unanimous opinion).
The federal Clarity Act (2000), which implements and gives effect to that Supreme Court opinion.
Core Requirements for Lawful Secession No unilateral right exists — A province cannot legally secede on its own through a referendum, provincial law, or declaration. Unilateral secession is unconstitutional under Canadian law (and also not supported by international law in this context).
Constitutional amendment required — Secession would necessitate a formal amendment to the Constitution of Canada, because provinces are integral parts of the federation created and defined by the Constitution.
Negotiation process — If a province holds a referendum showing a clear expression of will by a clear majority to leave Canada (on a clear question), the federal government and other provinces would have a constitutional duty to negotiate in good faith. These negotiations must respect the underlying principles of:Federalism
Democracy
Constitutionalism and the rule of law
Protection of minorities (including linguistic, cultural, and Indigenous rights)
Clarity Act details (federal legislation):The House of Commons decides whether the referendum question was clear and whether the result shows a "clear majority" (not automatically 50%+1; it could require a higher threshold depending on context).
The federal government is prohibited from negotiating if either the question or the majority is deemed unclear/insufficient.
Negotiations must address complex issues like division of assets/debts, borders, Indigenous rights/claims, minority protections, citizenship, currency, trade, and more.
There is no guarantee of agreement — negotiations could fail, and secession might not occur even with a strong referendum result.
Indigenous considerations — Any secession process would almost certainly require meaningful consultation and potentially the free, prior, and informed consent of affected First Nations, Métis, and Inuit peoples (per constitutional duties, the honour of the Crown, and Canada's implementation of UNDRIP).
In short: A referendum is a necessary first step to trigger negotiations, but secession itself can only happen through a negotiated constitutional amendment agreed to by Canada and (at minimum) the other provinces.Does It Require British/UK Consent?No, British consent is not required. Canada has been fully sovereign since at least the Statute of Westminster 1931 (which ended most UK legislative authority over Canada) and especially after the Constitution Act, 1982 (patriation of the Constitution, ending any remaining UK role in amendments). The amending formula is now entirely domestic:Most amendments (including one that would remove a province) fall under the general formula (7 provinces representing 50% of the population + federal Parliament) or the unanimity formula for core changes (all provinces + Parliament), depending on the exact nature.
The UK Parliament has no veto, approval role, or involvement whatsoever in modern Canadian constitutional changes.
Older colonial-era views (e.g., needing royal assent from the British monarch in a personal capacity) no longer apply to fundamental changes like secession — the monarch acts on the advice of Canadian ministers, not UK ones.In practice, any attempt at secession (like the hypothetical Alberta scenario) would be handled entirely within Canada's domestic constitutional framework, though it would be politically explosive and legally complex. The Supreme Court emphasized that secession is possible in principle but only through lawful, negotiated, multilateral constitutional processes — not unilateral action or external permission from the UK.
yes but as the info shows "Canadian The Supreme Court emphasized that secession is possible in principle but only through lawful, negotiated, multilateral constitutional processes — not unilateral action or external permission from the UK "
They already dissolved all British control
" Does It Require British/UK Consent? No, British consent is not required. Canada has been fully " sovereign " since at least the Statute of Westminster 1931 (which ended most UK legislative authority over Canada) and especially after the Constitution Act, 1982 (patriation of the Constitution, ending any remaining UK role in amendments).
So Alberta is under strictly Canada Constitutional contract agreement, that requires constitutional requirements first, which of course there are no provisions for succession... So yes either Amending the Canadian Constitution Good luck, or negotiation or yes at last force, unlikely
That is why this fella Mr. Marty Struman is going through all the Options of Possibility's, Rights, Obligations and Requirements, I believe they already have the votes for self separation sovereignty, but may not actually to become the 51 US state...IMHO
I feel your patriotism!
So then the thought occurred, What is or is there an Canadian constitutional succession clause and would Britain have retained sovereign land title or required process for Alberta secession? Anyway Just some FYI stuff...
Sounds like it would require a Canadian Constitutional Amendment?
Canada's Constitution does not provide a straightforward or unilateral path for any province (such as Alberta) to secede (often misspelled as "succeed" in the query). The key legal framework comes from two main sources:The 1998 Supreme Court of Canada decision in the Reference re Secession of Quebec (unanimous opinion). The federal Clarity Act (2000), which implements and gives effect to that Supreme Court opinion.
Core Requirements for Lawful Secession No unilateral right exists — A province cannot legally secede on its own through a referendum, provincial law, or declaration. Unilateral secession is unconstitutional under Canadian law (and also not supported by international law in this context). Constitutional amendment required — Secession would necessitate a formal amendment to the Constitution of Canada, because provinces are integral parts of the federation created and defined by the Constitution. Negotiation process — If a province holds a referendum showing a clear expression of will by a clear majority to leave Canada (on a clear question), the federal government and other provinces would have a constitutional duty to negotiate in good faith. These negotiations must respect the underlying principles of:Federalism Democracy Constitutionalism and the rule of law Protection of minorities (including linguistic, cultural, and Indigenous rights)
Clarity Act details (federal legislation):The House of Commons decides whether the referendum question was clear and whether the result shows a "clear majority" (not automatically 50%+1; it could require a higher threshold depending on context). The federal government is prohibited from negotiating if either the question or the majority is deemed unclear/insufficient. Negotiations must address complex issues like division of assets/debts, borders, Indigenous rights/claims, minority protections, citizenship, currency, trade, and more. There is no guarantee of agreement — negotiations could fail, and secession might not occur even with a strong referendum result.
Indigenous considerations — Any secession process would almost certainly require meaningful consultation and potentially the free, prior, and informed consent of affected First Nations, Métis, and Inuit peoples (per constitutional duties, the honour of the Crown, and Canada's implementation of UNDRIP).
In short: A referendum is a necessary first step to trigger negotiations, but secession itself can only happen through a negotiated constitutional amendment agreed to by Canada and (at minimum) the other provinces.Does It Require British/UK Consent?No, British consent is not required. Canada has been fully sovereign since at least the Statute of Westminster 1931 (which ended most UK legislative authority over Canada) and especially after the Constitution Act, 1982 (patriation of the Constitution, ending any remaining UK role in amendments). The amending formula is now entirely domestic:Most amendments (including one that would remove a province) fall under the general formula (7 provinces representing 50% of the population + federal Parliament) or the unanimity formula for core changes (all provinces + Parliament), depending on the exact nature. The UK Parliament has no veto, approval role, or involvement whatsoever in modern Canadian constitutional changes.
Older colonial-era views (e.g., needing royal assent from the British monarch in a personal capacity) no longer apply to fundamental changes like secession — the monarch acts on the advice of Canadian ministers, not UK ones.In practice, any attempt at secession (like the hypothetical Alberta scenario) would be handled entirely within Canada's domestic constitutional framework, though it would be politically explosive and legally complex. The Supreme Court emphasized that secession is possible in principle but only through lawful, negotiated, multilateral constitutional processes — not unilateral action or external permission from the UK.
or a “Declaration of Independence” voted on July 2, and if necessary, final text adopted on July 4
Rhode Island declared independence May 4, 1776. https://www.amrevmuseum.org/virtualexhibits/season-of-independence/pages/rhode-island-act-repealing-allegiance-to-great-britain-may-4-1776#
yes but as the info shows "Canadian The Supreme Court emphasized that secession is possible in principle but only through lawful, negotiated, multilateral constitutional processes — not unilateral action or external permission from the UK "
They already dissolved all British control " Does It Require British/UK Consent? No, British consent is not required. Canada has been fully " sovereign " since at least the Statute of Westminster 1931 (which ended most UK legislative authority over Canada) and especially after the Constitution Act, 1982 (patriation of the Constitution, ending any remaining UK role in amendments).
So Alberta is under strictly Canada Constitutional contract agreement, that requires constitutional requirements first, which of course there are no provisions for succession... So yes either Amending the Canadian Constitution Good luck, or negotiation or yes at last force, unlikely That is why this fella Mr. Marty Struman is going through all the Options of Possibility's, Rights, Obligations and Requirements, I believe they already have the votes for self separation sovereignty, but may not actually to become the 51 US state...IMHO I feel your patriotism!
you did a lot of research on this! good work, let’s see what deal can be made