Ottawa braces for Alberta’s separation referendum
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Summary
True North has learned that Ottawa may be bracing for a constitutional challenge if Alberta s independence movement proceeds. That s according to heavily redacted documents obtained by True North, revealing that top constitutional and Indigenous law experts are being looped in, including the lawyer who helped shut down Quebec s separation bid in the Supreme Court. Meanwhile, Premier Danielle Smith is pressing forward on her own path, launching the Alberta Next Panel to ask Albertans what reforms they want to vote on in referenda next year. And the Edmonton Elks might be going back to their roots, with various signs pointing to a name change to the once-famed Edmonton Eskimos.
Transcript
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True North has learned that Ottawa may be bracing for a constitutional challenge if Alberta's
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independence movement proceeds. That's according to heavily redacted documents obtained by True
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North, revealing that top constitutional and Indigenous law experts are being looped in,
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including the lawyer who helped shut down Quebec's separation bid in the Supreme Court.
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Meanwhile, Premier Danielle Smith is pressing forward on her own path, launching the Alberta Next panel to
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ask Albertans what reforms they want to vote on in referenda next year, from a provincial police force
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to immigration control and pension reform. She's also expecting a new pipeline proposal within weeks,
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hoping the private sector will step up where Ottawa once failed. And the Edmonton Elks might be going
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back to their roots, with various signs pointing to a name reversion to the once-famed Edmonton Eskimos.
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All that and more on this week's Alberta Roundup. I'm your host, Isaac Lamoureux,
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and let's get into that first story right away.
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Heavily redacted documents that I obtained reveal that Ottawa is seeking advice on Alberta's
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independence from a top Crown lawyer who successfully argued in the Supreme Court that Quebec had no
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unilateral right to leave Canada after the narrow 1995 separation vote. Citing solicitor-client privilege,
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a vast majority of the contents of the documents that showed the Department of Justice's communication
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surrounding Alberta's potential separation were blacked out, except for the names of those
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consulted. Correspondence dated from May 15th to May 23rd contain emails between the Department of
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Justice's Senior General Counsel on Constitutional Law, Warren J. Newman, Senior General Counsel on
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Indigenous Rights and Relations, Uzma Esenula, and Crown Indigenous Relations Senior Director,
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John Topping. Newman acted as co-counsel for the Attorney General of Canada in 1998
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when the Liberal government under Jean Chrétien shut down Quebec's secessionist arguments in the
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Supreme Court of Canada. The Court ruled that Quebec could not legally secede from Canada on its own
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because the Canadian Constitution does not allow it, and that secession could only happen through
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negotiations involving all provinces and the federal government. In a reflection on the 10th
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anniversary of the Supreme Court's decision, Newman wrote that, quote, the Supreme Court of Canada
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confirmed that unilateral secession would be an unlawful act under the Constitution and a violation of
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the Canadian legal order, a revolution. He added that even with the successful referendum, a province would
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not gain the legal right to break away. Instead, such a vote would, quote, give rise to an obligation of all
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parties to the Federation to negotiate terms and conditions. The Department defended redacting
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nearly the entirety of the provided documents. It said, quote, you will note that certain records
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or portions thereof have been withheld under Section 23, Solicitor-Client Privilege Information,
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of the Act. However, this does confirm that this was a legal consultation, not just a conversation among
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buddies. The inclusion of Crown Indigenous Relations officials also confirms the government is weighing the
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role of First Nations in any future secession scenario. Indigenous leaders across Alberta have
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spoken out against Premier Daniel Smith's Bill 54, which lowers the threshold for citizen-initiated
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referenda and could pave the way for a future separation vote. Still, constitutional experts say
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First Nations do not have the legal authority to veto a vote. Canadian Constitution Foundation lawyer
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Josh de Haas previously told True North, quote, there is nothing I'm aware of that would suggest that First
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Nations people could prevent those discussions from taking place. Newman agreed that a clear majority
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vote on a province's desire to leave Canada would create a constitutional duty for all parties to
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negotiate. He said, quote, the conduct of the parties would be governed by constitutional principles,
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federalism, democracy, constitutionalism itself, and the rule of law, and the protection of minorities.
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A political majority that did not act in accordance with the underlying constitutional principles
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would put at risk the legitimacy of the exercise of its rights. The conduct of the parties would assume
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primary constitutional significance. Secession could not be achieved under the Constitution unilaterally,
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that is, without principled negotiation within the existing constitutional framework.
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Despite the photos of the heavily redacted pages showing nearly full-page blackouts, they offer no
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insight into Ottawa's current stance as Alberta separatists move closer to meeting the legal threshold for a
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province-wide referendum. Let's get into our next story on a big democratic project coming forward
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in Alberta. Alberta Premier Danielle Smith has launched a province-wide consultation body called
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the Alberta Next Panel, aimed at gathering feedback on how Alberta can better assert its constitutional powers.
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To start off, let's just take a quick listen of what Smith had to say.
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Alberta, our home, pristine mountains and lakes, wide open pastures and fertile fields, unmatched natural resources,
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world-class cities, world-class people. Alberta truly has it all. We are a strong and free people, full of
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entrepreneurs, food producers, builders, caregivers, teachers, and a whole lot of hard-working, tough-as-nails, get-er-done grit.
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Our potential is as limitless as our skies. But let's face it, Alberta is being held back.
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Our economy has been under attack for most of the last 10 years. Frankly, off and on for decades long
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before then. Not by a foreign country or by rural economic forces. No, Alberta's biggest threat to our
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prosperity and growth has come from our own nation's capital. Alberta has an Ottawa problem.
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For the last 10 years, Ottawa, led by successive Liberal governments propped up by their NDP allies,
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have taken direct aim at Alberta's core industries. Ottawa's Bill C-69 killed several major Alberta
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pipeline and resource projects. Their West Coast tanker ban specifically blocks Alberta oil from
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accessing world markets. Their excessive industrial carbon taxes and the new oil and gas emissions cap are
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designed to keep our world-class oil and gas reserves in the ground. And net zero mandates on everything
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from electricity to vehicles are causing the cost of living to increase, business costs to soar, and are
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even endangering the stability of our power grid in the dead of winter. And the effects on Alberta's economy
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have been staggering. In just the last 10 years alone, more than 500 billion dollars, that's a half a trillion
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dollars in global investment capital destined for our resource sector has disappeared. It walked away
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from Alberta and Canada and instead headed off to Texas, Asia and the Middle East to places that welcome
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resource development and jobs. That cost Alberta and Canada quite literally hundreds of billions in GDP,
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corporate taxes and resource royalties for health care, education and public infrastructure.
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It cost hundreds of thousands of jobs and thousands of healthy and growing businesses. It was national
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self-harm on a level never seen. And no province was hurt more than ours. And those costs keep building
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every single day. Over the coming months, the Alberta NEXT panel will hold in-person and virtual town
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halls across the province, providing residents with a platform to engage with policy experts,
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government officials and constitutional scholars. The panel will consider public feedback on a wide
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range of reforms, including creating a provincial police force service, withdrawing from the Canada
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pension plan, taking over personal tax collection from the CRA and equalization reform. The panel will
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also seek public feedback on the prospect of Alberta assuming more control over immigration policy,
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with the stated goal of protecting the province from what the government calls,
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out-of-control federal immigration levels. Additionally, the Smith government wants to
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pursue the potential of amendments to the Canadian constitution to further empower provinces and
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protect provincial jurisdiction. The Alberta government says the province contributes $20 billion more
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each year to Ottawa than it receives in services and transfer. A gap Smith has long criticized as
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fundamentally unfair. According to the Alberta NEXT panel website, the list of policy ideas may be modified
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during the consultation tour depending on public feedback. The panel's recommendations will inform
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what policies appear on a 2026 referendum ballot. Our next story will cover something that might see
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results come a bit quicker. Alberta Premier Danielle Smith says a major energy company could be coming
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forward with a new pipeline proposal to the BC coast within weeks. Speaking to Bloomberg News, Smith said,
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quote, I think there will be a private proponent, probably within weeks, adding that her government
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is actively engaged with several companies interested in building new oil infrastructure. The comments come
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days after the federal government passed Bill C-5, which allows infrastructure projects deemed to be in
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the national interest, including pipelines, to undergo expedited environmental reviews. Smith noted that the
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legislation includes a two-year target for project approval. According to Smith, the most viable option
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would be a pipeline connecting Alberta to northwest British Columbia. She said it is, quote, the most credible and the
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most economic of all the pipeline proposals the private sector would consider. The federal government previously
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cancelled Enbridge's Northern Gateway project following a legal challenge from indigenous and environmental groups. However, the
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Carney government has signaled renewed interest in energy development amid ongoing trade tensions with U.S.
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President Donald Trump's administration. Smith said that she's feeling optimistic about the prospect of
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working with Ottawa on new oil transportation projects, especially if led by private proponents.
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She also floated the idea of a grand bargain in which oil companies construct a large-scale carbon
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capture facility in Alberta in exchange for regulatory approval to build more export capacity.
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Smith said in January, quote, the world needs more Alberta oil and gas when her government signed a
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letter of intent with Enbridge to double provincial oil output. She added, quote, this will also allow
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us to play a role in supporting the United States in its energy security and affordability goals.
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Smith said Alberta would support any new project by committing to ship its royalty oil through the new line,
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helping to ensure its financial viability. Smith said, quote, if I'm right, then the proponent will come
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forward and we'll back them. And we'll see whether or not the federal government will accept that.
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For our last story today, we'll cover a sports story that could result in reversing a woke virtue
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signaling initiative. Despite starting the 2025 CFL season in the loss column, the Edmonton Elks may be
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preparing to abandon their current name and returning to their historic identity as the Edmonton Eskimos,
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which fans are actually celebrating as a win. At least one respectable source is suggesting that to be the
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case. Former TSN 1260 radio host Paul Almeida, who covered the team for five years, said he believes
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the change is imminent. He said, quote, I would say that it's pretty clear that the Elks name is on the
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way out and that there's a pretty good chance that the Eskimos name is returning to the club,
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probably next season. Almeida pointed to several signs, including the removal of the Elks logo from
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the stadium wall and the field, uniforms reverting to the traditional green and gold colors with no Elks
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branding and the return of the former team mascot. The Elks' home opener drew just 14,389 fans,
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the lowest turnout since 1969, according to one fan. By comparison, more than 52,000 fans attended the
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BC Lions' home opener that same week. Fan sentiment online has clearly supported the team returning to
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its original name. For example, when the team promoted its new mascot, replies were flooded with calls to
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revert to Eskimos. One fan said, quote, I will immediately buy back my season seats if you
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officially change the name back. Do it. Do it. Another fan said a similar thing, saying, quote,
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I'll buy seasons with a name reversion. Almeida also hosted a poll on his X account where 74% of
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respondents said they support a name change back to Eskimos. Only 10% said they wanted to keep the name
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Elks. Although the franchise has not confirmed any rebranding plans, the team's new general manager,
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Ed Harvey, has reinstated the club's traditional motto. Once an Eskimo, always an Eskimo.
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That wraps up this week's Alberta Roundup. My name's Isaac Lamoureux. Have a great weekend,