Understanding the Statute of Westminster and Alberta’s Path to Sovereignty: Correcting Misconceptions and Following the Legal Process

REPUBLIC OF ALBERTA

In recent years, discussions about Alberta’s place in Canada and its pursuit of greater autonomy have gained traction, particularly following the introduction of the Alberta Sovereignty Within a United Canada Act and Premier Danielle Smith’s initiatives, such as the Alberta Next plan and changes to referendum rules for the 2026 provincial election. While these efforts are grounded in legal and constitutional processes, some small groups in Alberta have misconstrued the Statute of Westminster 1931, believing it grants Alberta the ability to declare sovereignty without adhering to established legal frameworks. This article aims to clarify the role of the Statute of Westminster, address these misconceptions, and emphasize the importance of following Alberta’s legal processes, as exemplified by Premier Smith and groups like the Alberta Prosperity Project, to achieve meaningful and lawful outcomes.

What is the Statute of Westminster 1931?The Statute of Westminster 1931 is a landmark piece of legislation passed by the British Parliament that granted legislative independence to the Dominions of the British Empire, including Canada. It established that the United Kingdom could no longer pass laws affecting the Dominions without their consent and allowed Dominion parliaments, like Canada’s, to legislate independently in most matters. In essence, it marked Canada’s transition from a British colony to a sovereign nation within the Commonwealth, with full control over its domestic and foreign affairs. However, the Statute of Westminster does not provide individual provinces, such as Alberta, with the unilateral power to declare sovereignty or secede from Canada.

The statute applies to Canada as a whole, and its effects are embedded within the broader framework of the Canadian Constitution, including the Constitution Act, 1867, which outlines the division of powers between federal and provincial governments. Any claim that the Statute of Westminster allows Alberta to simply “declare” sovereignty without following legal processes is a misunderstanding of both the statute and Canada’s constitutional framework.

Misconceptions About Alberta’s Sovereignty and the Statute of Westminster some small groups in Alberta argue that the Statute of Westminster grants the province the ability to declare itself a sovereign entity without adhering to Canada’s legal and constitutional processes. This belief often stems from a misinterpretation of the statute’s granting of legislative independence to Canada. These groups may assert that Alberta, as a province, can bypass federal authority or constitutional requirements to achieve sovereignty, either as an independent state or by aligning with another nation, such as the United States. This view is flawed for several reasons:

1. The Statute Applies to Canada, Not Provinces: The Statute of Westminster granted legislative autonomy to the federal Parliament of Canada, not to individual provinces. The Constitution Act, 1867 clearly delineates provincial powers under Section 92, which include areas like natural resources, education, and health, but do not extend to declaring sovereignty or altering Canada’s constitutional structure. Provincial sovereignty, as pursued by Premier Smith, operates within the bounds of Canada’s Constitution, not outside it.

   
   

2. Sovereignty Requires Legal and Constitutional Processes: Declaring sovereignty or pursuing separation from Canada is a complex process governed by Canadian law, including the Clarity Act (2000), which sets out requirements for referendums on secession. The Supreme Court of Canada’s Reference re Secession of Quebec (1998) further clarified that any attempt at secession must involve a clear referendum question, a clear majority, and negotiations with the federal government and other provinces. The Statute of Westminster does not override these requirements.

   
   

3. Indigenous Treaties and Constitutional Obligations: Alberta’s land is subject to Treaties 6, 7, and 8, which are agreements between Indigenous peoples and the Crown, predating the province’s existence. Any move toward sovereignty must respect these treaties and the constitutional rights of First Nations, Métis, and Inuit peoples. Premier Smith has emphasized that any referendum question must uphold these obligations, a point that some groups overlook when advocating for unilateral action.

   
   

4. Practical and Legal Limitations: Even if Alberta were to declare sovereignty outside legal processes, such a declaration would lack legitimacy and enforcement power. It would not be recognized by Canada, other provinces, or the international community, and it could lead to legal challenges, economic instability, and strained relations with Indigenous communities and other stakeholders.

   
   

Alberta’s Legal Path to Greater Autonomy:

Following the Rules Premier Danielle Smith and groups like the Alberta Prosperity Project are pursuing greater provincial autonomy through lawful and democratic means, setting an example for how Albertans can advocate for change while respecting Canada’s constitutional framework.

Two key initiatives highlight this approach:

1. The Alberta Next Plan: Announced in May 2025, the Alberta Next plan involves a panel, chaired by Premier Smith, to engage Albertans in discussions about protecting the province’s economic and constitutional interests. This initiative aims to address grievances with federal policies, particularly those perceived as harmful to Alberta’s oil and gas industry, and to explore options for greater provincial autonomy within Canada. The plan includes town halls to gather public input and proposes putting popular ideas to a referendum in 2026, ensuring that any steps toward change are democratic and transparent.

   
   

2. Referendum Law changes for 2026: In April 2025, Smith’s government introduced legislation to lower the threshold for citizen-initiated referendums, reducing the required signatures from 20% of total registered voters to 10% of eligible voters from the previous general election (approximately 177,000 signatures) and extending the collection period to 120 days. This change empowers Albertans to propose questions, including on sovereignty, for the 2026 provincial election ballot. However, Smith has stressed that her government will not initiate a separation referendum; it will only include such a question if citizens gather sufficient signatures, and any question must respect Indigenous treaty rights.

   
   

The Alberta Prosperity Project (APP), a prominent non-partisan group advocating for sovereignty, aligns with this legal approach. The APP is working to collect signatures for a potential referendum question on independence, aiming to meet the new threshold of 177,000 signatures. The group emphasizes organizing through lawful channels, such as petition drives approved by Elections Alberta, and has garnered significant support, with over 147,000 registered supporters as of May 2025.

These efforts contrast sharply with the misconceptions held by some groups that Alberta can bypass legal processes. By following established rules, Smith and the APP ensure that any push for greater autonomy or sovereignty is legitimate, democratic, and respectful of Canada’s constitutional framework.

Why Following the legal process matters for those who believe Alberta can declare sovereignty without adhering to legal processes, it’s critical to understand why following the rules is essential:

1. Legitimacy and Recognition: A unilateral declaration of sovereignty would lack legitimacy and would not be recognized by Canada or the international community. Following legal processes, such as a referendum under the Clarity Act and negotiations with Ottawa, ensures that any outcome has credibility and a chance of being implemented.

   
   

2. Respecting Indigenous Rights: Alberta’s Indigenous communities have constitutional protections under Treaties 6, 7, and 8. Ignoring these obligations risks legal challenges and alienates key stakeholders, undermining any sovereignty movement. Premier Smith’s commitment to honoring these treaties sets a responsible precedent.

   
   

3. Economic Stability: Unilateral actions could scare away investment, as warned by economists and Alberta NDP Leader Naheed Nenshi, who noted that separatist rhetoric risks damaging Alberta’s reputation as a stable place for business. A lawful process, like a referendum, provides clarity and structure, reducing uncertainty.

   
   

4. Democratic Principles: Alberta’s push for greater autonomy is rooted in democratic ideals, as seen in Smith’s emphasis on citizen-initiated referendums and public consultation through the Alberta Next plan. Bypassing these processes undermines the very principles of freedom and self-determination that sovereignty advocates champion.

   
   

5. Learning from History: The Quebec sovereignty referendums of 1980 and 1995 demonstrate that secession requires a clear, democratic process. Quebec’s efforts involved referendums, public debate, and negotiations, yet even those efforts fell short due to insufficient support and legal complexities. Alberta cannot expect to succeed by ignoring these precedents.

   
   

A Call to Action:

Join the Legal Process to the small groups advocating for unilateral sovereignty based on a misreading of the Statute of Westminster, we urge you to align with the lawful and democratic approaches taken by Premier Danielle Smith and the Alberta Prosperity Project.

Here’s how you can contribute:

1. Educate Yourself on the Legal Framework: Understand that the Statute of Westminster applies to Canada as a whole, not individual provinces. Study the Constitution Act, 1867, the Clarity Act, and the Reference re Secession of Quebec to grasp the legal requirements for pursuing sovereignty.

   
   

2. Support the Alberta Next Plan: Participate in the town halls and discussions organized by the Alberta Next panel. Share your ideas for strengthening Alberta’s autonomy within Canada, and help shape proposals that could be put to a referendum in 2026.

   
   

3. Engage in the Referendum Process: Join groups like the Alberta Prosperity Project in collecting signatures for a referendum question. By meeting the 177,000-signature threshold, you can ensure that your voice is heard through a democratic vote. Visit the APP’s website or contact Elections Alberta to get involved.

   
   

4. Respect Indigenous Treaties: Recognize the importance of Treaties 6, 7, and 8, and ensure that any advocacy for sovereignty respects the constitutional rights of Indigenous peoples. This is not only a legal necessity but also a moral imperative.

   
   

5. Advocate Responsibly: Avoid rhetoric that promotes division or unlawful action. Instead, focus on building a broad, inclusive movement that works within Canada’s constitutional framework to achieve meaningful change.

   
   

Conclusion: The Statute of Westminster 1931 is a significant milestone in Canada’s journey to legislative independence, but it does not grant Alberta the power to declare sovereignty unilaterally. Misconceptions about the statute risk derailing legitimate efforts to strengthen Alberta’s autonomy, as pursued by Premier Danielle Smith through the Alberta Next plan and referendum law changes, and by groups like the Alberta Prosperity Project through lawful petition drives.

By following these legal and democratic processes, Albertans can advocate for greater sovereignty in a way that is credible, inclusive, and respectful of Canada’s constitutional framework.

Let’s unite in this effort, ensuring that our province’s future is shaped through dialogue, democracy, and adherence to the rule of law.

Sources:

• Alberta Sovereignty Within a United Canada Act, Alberta.ca

• Alberta Premier to Chair Sovereignty Panel, Put Proposals to 2026 Referendum, CBC News

• Alberta’s New Referendum Rules Set to Formally Take Effect, Globalnews.ca

• Danielle Smith Promises Alberta Separation Referendum if Signatures Warrant, Globalnews.ca

• Reference re Secession of Quebec, [1998] 2 SCR 217

Clarity Act

Quebec sovereignty movement

BNA / Constitution

UK Colonial Law Act