Dear John,
Today, the Institute released an important new essay titled, Refining Alberta’s Equalization Gambit, written by Rainer Knopff, professor emeritus of political science at the University of Calgary and Fraser Institute Senior Fellow.
Albertans believe (rightly) that they are contributing to the country in a major and disproportionate way and that other provinces that benefit the most are actively trying to restrict their economy. To put this issue on the top of the national agenda, Alberta Premier Jason Kenney has committed to holding a referendum on reforming equalization.
The key question however is whether a referendum would force other governments, those who do not agree with Alberta’s fairness claims (i.e. Quebec), to the negotiating table. As Professor Knopff explains, provincial referendums can trigger the “duty to negotiate” but only when the question concerns secession. However, he also finds that if Alberta followed-up the referendum with a legislative resolution, it would trigger the duty to negotiate and force the other provinces to the table. This is critically important in the current context since it means that one way or the other, the provinces and federal government will have to come together in the near future to discuss the state of fiscal federalism in Canada.
I’ve included the news release below. Please share with your colleagues and friends.
Best,
Niels
Niels Veldhuis | President
The Fraser Institute
Suite 2215, 500 4th Avenue SW
Calgary, AB T2P 2V6
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Any province—including Alberta—has ability to mandate constitutional negotiations on equalization, other issues
CALGARY—Despite popular misconceptions, particularly in Central Canada, Alberta (or any province) can compel other provinces and the federal government to negotiate aspects of the Constitution including equalization—but they must do it the right way, finds a new essay released today by the Fraser Institute, an independent, non-partisan Canadian public policy think-tank.
“If Alberta charts the correct course, it can bring otherwise reluctant governments to the table to discuss fiscal federalism,” said Rainer Knopff, professor emeritus of political science at the University of Calgary, Fraser Institute senior fellow and author of the essay Refining Alberta’s Equalization Gambit.
The Alberta government is considering a provincial referendum to support removing equalization from the constitution. According to a 1998 Supreme Court judgment (known as the Secession Reference in a case about Quebec separation), provincial referendums can trigger the “duty to negotiate”—but only when the question concerns secession.
However, Knopff ‘s essay demonstrates that the Court also provides an alternative trigger for this duty; one that applies to any amendment initiated in the manner prescribed by the Constitution Act, 1982—that is, by legislative “resolution.”
The essay argues that while Alberta can still hold a provincial referendum, it must be followed by a legislative resolution, which would trigger the duty to negotiate.
“If other modes of political negotiation do not suffice, there’s a clear path for Alberta to launch formal discussion about the state of federal-provincial transfers,” Knopff said.To update your contact information or alter your email preferences, please manage your profile.
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