In January, Alberta premier Danielle Smith issued an extraordinary threat. Unless Prime Minister Mark Carney gave Alberta more influence over judicial appointments, her government would withhold funding from the courts. In an open letter, Smith argued she wanted judges who reflected Alberta’s “distinct legal traditions”—though what those traditions are is unclear. Canada’s system is straightforward: provinces run the courts, Ottawa appoints the judges. This left many observers wondering, “Can she even do that?”
Smith is no stranger to that line of questioning nor to the idea that Alberta should play by different rules. Since becoming premier in 2022, Smith has made it her mission to carve out greater independence for the province, and her demands are only getting bolder. Her Alberta Sovereignty Within a United Canada Act, passed in December 2022, allows the province to refuse to enforce certain federal laws it considers harmful to Alberta. Critics have widely condemned the measure—unprecedented in Canadian politics—as unconstitutional.
On February 19, Smith unveiled a slate of referendum questions for an October vote aimed at expanding provincial autonomy. She proposes unilaterally tightening immigration and access to services in Alberta—restricting benefits for temporary residents and requiring proof of citizenship to vote. These powers aren’t exclusively within the purview of the province, but immigration lawyer Randy Hahn told the Globe and Mail Smith’s position should be understood as a “negotiating tactic.” She also proposes sweeping constitutional changes that would shift power from Parliament to the provinces, including scrapping the Senate, opting out of federal programs with funding intact, and giving provincial laws priority over federal ones. To be sure, these changes require consent from other provinces to implement and could very well set up a showdown with the federal government.