A Constitution For Alberta

Introduction

In 1981 Canadians got a new constitution, but no one cheered. In our hearts and our bones we knew it was not our constitution. We had had no part in its creation.

We needed a constitution with a triple-E senate and an end to bilingualism. We needed a constitution we could all understand. We needed a constitution which could not be changed without our consent.

But Quebec and Ontario would never agree. They would have to give up too much. They would lose their power to control our government. The changes we need will never occur within confederation.

That is why this constitution has been written for an independent Alberta.

A Constitution For Alberta

Preamble:

In this constitution we of Alberta, being a free people dedicated to democracy and the primacy of the individual, do declare the terms under which our government must function and by which we consent to be governed.

Article 1

Statement of Fundamental Rights and Freedoms

1.   It is hereby declared that Albertans recognize as self-evident the following fundamental human rights and freedoms which exist independently of government, namely,

a)    the right of the individual to Life, Liberty, Property, and Security of the person, and the right not to be deprived thereof except by due process of law;

b)    the right of the individual to equality before the law and to protection of the law;

c)    freedom of religion;

d)    freedom of speech and expression;

e)    freedom of assembly and association;

f)     freedom of the press; and

g)    freedom of movement.

2.   Every law of Alberta shall be so interpreted and applied as not to abrogate, abridge or infringe or to authorize the abrogation, abridgement or infringement of any of the rights or freedoms herein recognized and declared. In particular, NO LAW of Alberta shall be interpreted or applied so as to

a)    authorize or effect the arbitrary detention, search, imprisonment or exile of any person;

b)    deprive a person who has been arrested or detained

        (i) of the right to be informed promptly of the reason for the arrest or detention.

        (ii) of the right to retain and instruct counsel without delay and to use the compulsory process

             of the courts to obtain witnesses in their defense.

         (iii) of the remedy by way of habeas corpus for the determination of the validity of the detention

             and for the release from detention if the detention is not lawful.

c)    authorize a court, tribunal, commission, board or other authority to compel a person to give evidence if the individual is denied counsel, protection against self-incrimination or other constitutional safeguards;

d)    deprive a person of the right to a fair hearing in accordance with the principles of fundamental justice for the determination of an individual's rights and obligations;

e)    deprive a person charged with a criminal offence of the right to be presumed innocent until proved guilty according to law in a fair and public hearing by an impartial tribunal; or

f)    deprive a person of the right to reasonable bail without just cause; or

g)    deprive a person of the right to the assistance of an interpreter in any proceedings in which that person is involved in or in which that person is a party or a witness, before a court, commission, or other tribunal, if the person does not understand or speak the language in which the proceedings are conducted;

h)    impose, or authorize the imposition of cruel or unusual treatment or punishment.

i)    make an act a crime after it has occurred, or make an offence more serious, a penalty more severe, or deprive an individual of a protection which existed when the act occurred.

The Attorney General shall review all regulations proposed by cabinet and all bills presented to the National Legislature to determine whether they are in conflict with this Statement of Fundamental Rights and Freedoms and shall report any such conflict to both legislative assemblies forthwith.

Article 2

The Legislative Branch of Government

1.     STRUCTURE

1.   The legislative branch of government, shall consist of the National Legislature and the Senate.

2.   The members of the legislature shall be elected on the basis of one (1) member per population of 30,000 people as prescribed by boundaries and laws as enacted by the government and based upon a regular census.

3.   Twelve Senators shall be elected. Two each from the north east, north west, east central, west central, south east and south west areas of the nation.

4.   The government shall convene in September of each year and more frequently if necessary.

2.    ELECTIONS

1.   The first general election shall elect members to both the National Legislature and the Senate.

2.   The term of election to the National Legislature shall be four years.

3.   The term of election to the Senate shall be four years except for the first Senate which shall be six years.

4.   Elections for the Senate and National Legislature shall be held on the last Monday of April.

5.   Should a vacancy occur, a by-election must be held within six months.

6.   In order to be a member of the Legislature or the Senate, a person must be of voting age and a citizen of Alberta.

7.   Members of the Legislature and the Senate shall be entitled to regular compensation which shall not change during their term of office.

8.   The government shall have no authority to suspend regular general elections.

3.    FUNCTION

1.   In order to become law, legislation must be passed by a majority (50 percent plus one) vote of both the legislature and the senate. Only the legislature shall have authority to initiate legislation involving the raising or expenditure of revenue.

2.   Before becoming law, a bill must be signed by the President. Should the President elect not to sign a bill, that veto may be overturned by a two-thirds majority vote of all the members of both the legislature and the senate.

3.   Removal from office of any member of the Supreme Court shall require the approval of two-thirds of all the members of the Senate.

4.   A decision of the Supreme Court may be overridden by a two-thirds majority vote of all the members of the legislature and the senate.

5.   Each of the legislature and the senate shall choose its own chairperson (Speaker) and devise its own rules of procedure consistent with the current edition of Roberts Rules of Order.

6.   Each of the legislature and senate shall maintain a record of all of its proceedings and shall publish those records for public access at regular intervals.

7.   The Chairperson (Speaker) of the Legislature shall, with the approval of a majority of the Senate, appoint an Auditor General.

4.    Legislative Powers

   The National Legislature shall have power to legislate in the following areas:

 1.    Raising revenue by taxation.

 2.    International communication.

 3.    International treaties, pacts and agreements.

 4.    Criminal law.

 5.    Regulation of monopoly industries.

 6.    Environment.

 7.    Immigration and citizenship.

 8.    The armed forces.

 9.    Declaration of War.

10.   The National Bank & Mint.

11.    The National Courts.

12.    Copyrights & Patents.

13.    Weights and measures.

14.    Bankruptcy.

15.    Legislative investigations and committees.

5.    General

1.    The national government shall, with the advice and consent of the senate, co-ordinate areas such as education, health care and resource management which are of national importance.

2.    New areas of government responsibility which develop shall be under the jurisdiction of the National legislature.

3.    An area of municipal jurisdiction may be transferred to the national government with the consent of the affected municipality, the National legislature and the senate.

4.    An area of National jurisdiction may be transferred to a municipality with the consent of the National legislature, the municipality and the senate.

Article 3

The Executive Branch of Government

Section 1. The Executive

1.    Composition

The executive branch of government shall consist of a President and a Cabinet.

2.    The President

All executive power shall be vested in the President who shall:

a.    be elected by a plurality of votes every four years,

b.    be a citizen and resident of Alberta, and

c.    be a qualified voter.

3.    Compensation

The President shall receive compensation at regular intervals and the amount shall not change during the term of office except in proportion to the cost of living.

4.    Line Of Succession

1.    In the case of removal from office by death, resignation, or an inability to discharge the duties of the office, the President shall be succeeded in the following order: the Speaker of the National Legislature, the Speaker of the Senate, and thereafter according to the line of succession as enacted by the Legislature.

2.    Should the President's disability be removed, normal duties shall be resumed unless two-thirds of the members of both the Legislature and the Senate agree that the disability does still exist.

Section 2. Executive Powers

1.    The President shall have the power to nominate and, with the approval of a majority of the Senate, appoint ambassadors, consuls, and Cabinet members.

2.    The National Legislature may, by law, designate that officials of lower rank be appointed by the President alone, by the courts of law, or by the heads of departments.

3.    The President shall be responsible for administration of all executive departments of the National government and may discharge for cause, those who are incompetent, or refuse to execute their legally authorized responsibilities imposed either by the President, the National Legislature, the Senate or this Constitution.

4.    The President shall have the power to make treaties and agreements and incur obligations with other nations. No treaty, agreement or obligation shall come into force however, until it has received the approval of both the Legislature and the Senate.

5.    The President may temporarily suspend a treaty, in whole or in part, but the revocation of a treaty shall require the consent of both the Legislature and the Senate.

6.    The President shall have no authority to suspend regular General Elections.

Section 3. Meetings With the Legislative Branch

1.    The President shall, at regular intervals, give the Legislature and the Senate, in joint session, information concerning the state of the Nation and recommend for it's consideration, measures considered necessary for the welfare of the Nation.

2.    The President may, on extraordinary occasions, convene both the Legislature and the Senate, in joint sessions which may be terminated on a majority vote of the joint session.

3.    The President shall, at the request of either the Speaker of the Legislature or the Speaker of the Senate, convene special joint sessions of both bodies.

Section 4. The Armed Forces

1.    An armed force shall be maintained to defend the Nation.

2.    The President shall be the Commander-In-Chief of the Armed Forces.

3.    Upon a declaration of War, or upon a joint resolution declaring the existence of a clear and present danger, the Legislature and the Senate may grant to the President the powers necessary to provide for the security of the Nation.

4.    Any authority designated to the President during War or emergency shall be terminated promptly when the war or emergency has ended. Those powers designated to the President may be withdrawn by the passage of appropriate legislation by both the Legislature and the Senate and shall not require the consent or the signature of the President.

Article 4

The Judicial Branch of Government

1.    The Courts

    The judicial power of the national government shall be vested in the Supreme Court and in such lower courts as the Legislative branch may establish.

2.    Structure

1.    One Justice of the Supreme court shall be appointed from each Senatorial District.

2.    The Justices of the Supreme Court shall be appointed by the President, with the approval of the Senate, from a list of nominees provided by the National Legislature and shall hold their offices during good behavior.

3.    The Justices of the Supreme Court shall elect, from amongst their number, a Chief Justice. The President shall, with the advice of the Legislature and the consent of the Senate, fill the position left vacant by the election of the Chief Justice.

4.    Compensation shall be paid to the Justices of the Supreme Court and may change in proportion to the cost of living or as prescribed by the legislative branch.

3.    Powers

    The power of the Supreme Court shall extend to all cases in both law and equity arising in connection with:

1.    This Constitution.

2.    The laws passed by the legislative branch.

3.    Treaties between the National government and a foreign power.

4.    Controversies to which the National government is a party.

5.    Cases effecting ambassadors, consuls or other public ministers of foreign powers.

6.    Controversies between two or more jurisdictions.

7.    Controversies between government and the citizens of another country.

8.    Controversies between citizens of this nation and the government or citizens of another country.

9.    The Armed Forces.

Article 5

General Section

1.    Amendments To The Constitution

1.    Amendments to this Constitution shall require the approval of two-thirds of the members of the National Legislature, two-thirds of the members of the Senate and the approval of at least one-half of the citizens voting in a Constitutional Referendum.

2.    Proposals for amendments to this Constitution may originate in the National Legislature, the Senate, or by citizen's initiative.

3.    A Constitutional amendment originating from a citizen's initiative shall not require the approval of the legislature or senate to proceed to a referendum.

2.    Language

   The language of the government of Alberta shall be English and naturalization shall require a working knowledge of the English language as prescribed by the Legislature.

3.    Public Referenda

1.    A public referendum, which shall be binding upon the National government, shall be held;

a.    on this Constitution,

b.    on amendments to this Constitution,

c.    if the National government votes to send an issue to referendum,

d.    on major issues affecting society as a whole,

e.    in the case of a legally correct citizen's initiative, and

f.    in any jurisdiction wishing to join or secede from Alberta.

2.    All elected offices of government shall be subject to recall by the relevant electorate. The Legislature shall enact legislation for this purpose.

4.    Economics

1.    The National Legislature shall have no authority to borrow money without the consent of a majority of citizens voting in a public referendum.

2.    The Auditor General shall ensure that the budget of the government is balanced except in time of war or national emergency.

3.    The Auditor General shall review the budget of the government prior to it's presentation to ensure that the requirements of this Constitution have been met.

4.    The Auditor General shall have free access to all government and Cabinet documents pertaining to public expenditure.

5.    Supreme Law Of The Land

   This Constitution, the laws passed by the Legislative Branch, and the treaties entered into pursuant to the provisions of this Constitution, shall be the Supreme Law of the Land. Judges of the various jurisdictions shall be bound thereby, regardless of anything in their own regional laws or by-laws to the contrary.