Change the Constitution or face Alberta independence referendum, says architect of Sovereignty Act

Canada's Constitution is not a legitimate document, and has not safeguarded Alberta's interests within federation, says one of the architects of that province's newly passed Sovereignty Act.

"I want the Constitution to be changed, or we'll have another referendum," said Barry Cooper, referring to independence referendums in Quebec in the 1980s and 1990s.

Cooper is a professor of political science at the University of Calgary and one of the authors of a policy paper called the Free Alberta Strategy, seen as the unofficial blueprint for the Alberta Sovereignty Within a United Canada Act, also known as the Sovereignty Act.

Speaking to Matt Galloway on The Current, Cooper said that Canada is a federation, but has never acted as such. 

"It's time to change it, to turn it into a federation," he said. 

"If Canada doesn't want to do that, then the only alternative we have — in order to defend our interests — is to make sure that Canada does negotiate. And that means the threat of leaving."

The Sovereignty Act, Bill 1, gives Premier Danielle Smith and her cabinet the authority to redress any federal policy, law or program that her cabinet deems harmful to Alberta. It was a campaign cornerstone for Smith, who took control of the province in October after replacing Jason Kenney as leader of the United Conservative Party.

In its proposed form, the bill was been criticized as unconstitutional and undemocratic, while the Calgary Chamber of Commerce has raised concerns that it could "impede new investment … and create challenges for businesses to attract and retain talent."

The act passed in the early hours of Thursday morning, after adjustments that stripped out cabinet powers to bypass the legislature and rewrite laws as it saw fit. 

"The legislation is basically a political announcement to the rest of Canada that we're not going to be taken advantage of anymore. And I think it's long overdue," said Cooper.

If that warning isn't heeded by the federal government, he said Albertans could face a question: "in or out?"

By leaving federation, he said the province could run its energy sector and build pipelines without interference, and could cease transfer payments to Quebec and other lower-income provinces.

Speaking in the provincial legislature during the bill's third reading, Smith said she wanted to reset Alberta's relationship with the federal government.

"It's not like Ottawa is a national government," said Smith.