A Mess and Minefield: Ottawa’s Clarity Act on Provincial Separation is Anything but Clear
Proponents of independence for Alberta seem to believe the federal Clarity Act provides a sure pathway to secession should they win a referendum vote. But as Jim Mason and George Koch explain, the Act is less pathway than political minefield. It demands a clear question with a clear majority vote – but offers no criteria for either. It provides no instructions on how separation negotiations should proceed, but it does allow other provinces, Indigenous groups and others to intervene. And it assigns virtually all decision-making to Ottawa. It is, Mason and Koch find in the first of this two-part series, a formula not for resolution but deadlock, virtually certain to frustrate any constitutional effort to secede. Almost like it was designed that way.


