Articles of Freedom: A Constitution for an Independent Alberta (Book)

Now Available: Articles of Freedom: What the Constitution of an Independent Alberta Should Look Like

In these pages, law professor Bruce Pardy sets out 13 carefully crafted Articles that form the constitutional architecture for a free and independent Alberta. An elegantly simple framework designed to secure genuine liberty rather than merely manage it, these provisions create the bones of a constitution that flips the default from state power to individual freedom, correcting the managerial and technocratic habits that have constrained liberty elsewhere. These Articles of Freedom aim to contribute usefully to the serious conversation about what a truly free Alberta could look like.

Available now on Amazon in hardcover and other formats, a PDF copy is also available for free download here.

Click here to download the PDF of this book.

CONSTITUTION FOR ALBERTA

WE THE PEOPLE OF ALBERTA establish this Constitution as Alberta’s Supreme Law.

ARTICLE 1 – FORCE PROHIBITED

Prohibition

1. (a) No person shall impose force or threats of force against the person or property of any citizen without consent.

Includes public authorities

(b) In Article 1(a), “person” includes the Alberta Legislature, the Alberta Executive, and the Alberta Judiciary, and any human being or body acting on their behalf.

Exception

(c) Notwithstanding Article 1(a), proportional force or threats of force may be used to repel imminent force in self-defence, to defend others, or to protect property.

ARTICLE 2 – ENFORCEMENT

Enforcement

2. (a) Notwithstanding the prohibition against force in Article 1(a), the Alberta Executive may use proportional force or threats of force to investigate and prosecute alleged violations of Article 1(a), of offences under legislation enacted pursuant to Article 7(1)(j)(i) and (iii), and to enforce orders of Alberta courts.

Personal right of action

(b) Citizens have a personal right of action

(i) against any person who violates Article 1; and

(ii) against the Alberta Legislature, the Alberta Executive, and/or the Alberta Judiciary for any violation of this Constitution or for taking any action not expressly authorized under this Constitution or in legislation enacted under Article 7(1)(j).

ARTICLE 3 – MEANING OF CONSENT, FORCE AND THREATS OF FORCE

Definitions

3. In Article 1, (a) “Consent” means express or implied permission or agreement, in words or actions. Unintentional, negligent, or intentional misrepresentation that causes persons to misunderstand the nature of the force to which they are consenting vitiates their consent.

(b) “Force” means

(i) voluntary action that results in contact or interference with person or property by physical or technological means without consent. Without limiting the generality of the foregoing, force includes physical contact, whether intentional or accidental, and whether for beneficent or harmful purpose, medical treatment, genetic manipulation, physical restraint, confinement, detention, confiscation, theft, surveillance, the use of biological agents, and breach of privacy;

(ii) breaching any partially executed contract;

(iii) counselling, soliciting, or inducing others to use force;

(iv) enforcing laws;

(v) soliciting or inducing the state to take enforcement action on false pretences;

(vi) giving false testimony in a legal proceeding; and

(vii) imposing legal sanctions or remedies such as arrest, fines, imprisonment, damages and injunctions.

(c) “Threat of force” means words or actions that promise, suggest, or imply the imminent use of force, as defined above. Without limiting the generality of the foregoing, threats of force include verbal, written, and symbolic communication as well as measures used to enforce laws such as tickets, summons, court orders, injunctions, and police directions. Threat of force does not include expression of views that are derogatory, offensive, or hateful unless the expression promises, suggests, or implies the imminent use of force.

ARTICLE 4 – CITIZENS SUBJECT TO NO OTHER LAWS

Citizens subject to no other laws

4. Citizens shall be subject to no laws governing their conduct except as expressly authorized in this Constitution.

ARTICLE 5 – NO POWERS EXCEPT AS EXPRESSLY GRANTED

Default

5. No part of the state, including the Legislature, the Executive, and the Judiciary, alone or in combination, has powers or jurisdiction except as expressly provided in this Constitution. No part of the state has power or jurisdiction to provide for the common good, general welfare, public necessity, or emergency.

ARTICLE 6 – PUBLIC SERVANTS

Term Limits

6. (a) No person shall serve the state, at any level or in any capacity, whether in the Legislature, Executive, or Judiciary, or a combination of any of them, including but not limited to the role of President, Vice-President, Senator, Representative, other elected office-holder, judge, appointed officer, ambassador, employee, counsel, independent contractor, supplier, consultant, or a combination of any of those roles for longer than a cumulative total of eight years over their lifetime.

Exception

(b) Notwithstanding Article 6(a), no person shall serve the Alberta Armed Forces or the Alberta Police Force, or a combination of them, for longer than a cumulative total of 16 years over their lifetime.

Remuneration

(c) All persons who serve the state, at any level or in any capacity, shall be remunerated in an amount equivalent to the national median wage. None shall receive pensions, bonuses, or any other kind of remuneration for their service.

Remuneration or reward from third parties

(d) No persons listed in Article 6(c) shall accept remuneration or reward from any third party such as payments, gifts, or donations of any kind, including money, items, services, or promises of future benefits.

No other public office

(e) No persons who serve the state in any capacity shall, during their time of service, serve the state in any other role.

Removal

(f) Any person who serves the state shall be removed or dismissed on conviction of treason, bribery, or other offences as legislated under Article 7(1)(j)(iii)(B).

ARTICLE 7 – THE ALBERTA STATE AND ELECTIONS

Bicameral Legislature

7. (1)(a) Legislative powers are vested in the Alberta Legislature, which shall be composed of a House of Representatives and a Senate. Each Representative shall have one vote in the House. Each Senator shall have one vote in the Senate. To become law, Bills must be passed by the House and the Senate.

House of Representatives: Representation by population

(b) Alberta shall be divided into 50 House Electoral Ridings of roughly equal population. One Representative from each Riding shall be elected every fourth year by citizens resident in that Riding. Each citizen over the age of 20 shall have one vote.

Senate: Representation by territory

(c) Alberta shall be divided into 50 Senate Electoral Districts of roughly equal size. One Senator from each District shall be elected every fourth year, staggered with elections for the House, by citizens resident in that District. Each citizen over the age of 20 shall have one vote.

Eligibility

(d) No person shall be a Representative or Senator who is under the age of twenty-five years, not a citizen, not at the time of election a resident of the Riding or District for which the Representative or Senator is elected to represent, or ineligible under Article 6(a).

Vacancy

(e) If a seat in the House or Senate becomes vacant for any reason, the seat will remain vacant until a by-election can be held at earliest opportunity in that Riding or District, but in any event, within three months.

House and Senate Chairs

(f) The House and Senate shall elect their own Chairs.

Rules of Proceedings, Expulsion, By-election

(g) The House and Senate may determine the rules of their proceedings. With the concurrence of two thirds, they may sanction or expel their members for disorderly behaviour. When a member is expelled, a by-election shall be held in the Riding or District that the expelled member represented. The expelled member may run for re-election in the by-election if otherwise eligible under Article 6(a).

Record of Proceedings

(h) The House and the Senate shall each keep and publish a record of their proceedings, including, at the request of one fifth of those present, the roll call vote on any question.

Account

(i) The House and the Senate shall each publish every six months a statement and account of state assets, receipts and expenditures of public monies.

Jurisdiction

(j) In accordance with Article 5, the Alberta Legislature has no powers or jurisdiction to enact laws or take any action on any subject or for any purpose, except that it may enact laws to:

(i) keep the peace by:

(A) establishing criminal offences and penalties for violating the prohibition in Article 1;

(B) establishing procedures for the prosecution of such offences;

(D) prescribing offences and penalties for perjury and contempt of court;

(E) creating and maintaining an Alberta Police Force;

(ii) resolve legal disputes by:

(A) establishing rules of procedure for legal proceedings under Article 2(b);

(B) establishing procedures for enforcement of court orders resulting from such proceedings;

(iii) protect the country by:

(A) creating and maintaining an Alberta Armed Forces and Alberta Border Guard;

(B) prescribing offences and penalties for treason, bribery, disclosure of state secrets and other crimes against national security committed by any person who serves the Alberta state in any capacity;

(D) defining the terms and process by which children born outside Alberta to at least one parent who is an Albertan citizen may apply for and be granted citizenship, pursuant to Article 10(a);

(E) defining conditions upon which non-citizens will be admitted to Alberta;

(F) defining rules of conduct that apply to non-citizens when present in Alberta;

(G) declaring war;

(H) ratifying international treaties and agreements made by the President, but all are subordinate to the terms of this Constitution;

(I) establishing embassies and ambassadorships to represent the interests of Alberta in foreign countries, to be appointed by the President under Article 7(2)(i).

(iv) maintain the operation of the Alberta state by:

(A) creating rules of procedure for the House and the Senate;

(B) creating four Election Commissions, one to administer elections to the House, one to administer elections to the Senate, one to administer the election of the President and Vice-President, and one to administer elections of judges to the Alberta Judiciary. No person shall serve more than one Election Commission;

(D) in accordance with Article 10(c), passing laws for the provision of passports and other identification, which must be available in non-digital form;

(E) passing laws to grant the President the authority to administer public services and facilities, including buildings and property, personnel and payroll, utilities, and other matters necessary to fulfil the functions set out in this Constitution; and

(F) passing laws for the raising of revenue for the functions set out in this Constitution, but no legislation shall require citizens to pay taxes or other monies.

Purpose of sentencing in criminal prosecutions

(k) In legislation under Article 7(1)(j) that prescribes penalties for criminal offences, the purposes of criminal sentencing shall be punishment, restitution, and reciprocity, not rehabilitation. The punishment shall fit the crime, not the criminal.

Alberta Executive: President

(2)(a) The executive power shall be vested in a President, who shall be Commander-in-Chief of the Alberta Armed Forces, elected every fourth year. Every citizen resident in Alberta over the age of 20 shall have one vote. The candidate with the most votes across Alberta shall be the President.

Vice-President

(b) A Vice-President shall also be elected as the President’s running mate. In case of the removal of the President from office, or of death, resignation, or inability to discharge the powers and duties of the office, the Vice-President shall become the President.

Eligibility

(c) No person shall be President or Vice-President who is under the age of thirty years, not a citizen, not at the time of election a resident of Alberta, or ineligible under Article 6(a).

At the pleasure of the President

(d) All persons who serve the Alberta Executive in any capacity do so at the pleasure of the President, who shall have the power to dismiss without notice and without cause.

Jurisdiction

(g) The President shall execute and implement only the powers expressly granted in this Constitution and in laws enacted pursuant to it by the Alberta Legislature.

Commander in Chief

(h) The President shall be Commander in Chief of the Alberta Armed Forces.

Ambassadors and Officers

(i) The President shall have the power to nominate, and by and with the advice and consent of the Senate, to appoint ambassadors to foreign countries and all other officers whose office shall be established by legislation.

Treaties

(j) The President shall have the power to make treaties, but no treaty becomes the law of Alberta or binds the state of Alberta under domestic or international law unless the Alberta Legislature passes legislation ratifying the treaty under Article 7(1)(j)(iii)(H).

No other powers or jurisdiction

(k) The President and Alberta Executive have no power or jurisdiction to do any other thing.

Alberta Judiciary

(3)(a) The Alberta Judiciary shall consist of an Alberta Trial Court of one judge for every 10,000 citizens and an Alberta Court of Appeal of one judge for every 100,000 citizens. No other Alberta courts shall exist.

Trial Court

(b) The Alberta Trial Court shall consist of an equal number of judges from each House Riding. Each judge from a Riding shall be elected every fourth year by citizens resident in that Riding. Each citizen over the age of 20 shall have one vote. Elections for judges of the Alberta Trial Court shall be staggered every second year, with half of the seats on the court to be elected in each election. Judges of the Trial Court may or may not be lawyers.

Court of Appeal

(c) The Alberta Court of Appeal shall consist of an equal number of judges from each Senate District. Each judge from a District shall be elected every fourth year by citizens resident in that District. Each citizen over the age of 20 shall have one vote. Elections for judges of the Alberta Court of Appeal shall be staggered every second year, with half of the seats on the court to be elected in each election. Judges of the Court of Appeal may or may not be lawyers.

Eligibility

(d) No person shall be a judge who is under the age of thirty years, not a citizen, not at the time of election a resident of the Riding or District from which the judge is elected, or ineligible under Article 6(a).

Cases in progress

(e) In the event that a judge is seized of a case at the time his term expires or eligibility ends, he may continue to sit for the purpose of completing the trial or appeal and providing a decision but shall be assigned no new matters or cases.

No chief judge

(f) Neither the Alberta Trial Court nor the Alberta Court of Appeal shall have a chief judge.

Chief Administrative Officer

(g) The Alberta Court of Appeal and the Alberta Trial Court shall each have a Chief Administrative Officer appointed by the President with the approval of the Senate. The Chief Administrative Officer shall be responsible for the administration of the Court.

Not courts of inherent jurisdiction

(h) The Alberta Trial Court and the Alberta Court of Appeal are not courts of inherent jurisdiction.

Alberta Trial Court – jurisdiction

(i) The Alberta Trial Court has the jurisdiction to hear the following matters:

(A) criminal prosecutions under Article 2(a);

(B) private actions under Article 2(b); and

Alberta Court of Appeal - jurisdiction

(j) The Alberta Court of Appeal has the jurisdiction to hear appeals of any case or interlocutory matter decided by the Alberta Trial Court. Litigants may appeal to the Court of Appeal as of right. The Court of Appeal shall apply an appellate standard of review.

Conduct of elections

(4) Elections shall be conducted by paper ballot, filled out privately in person, and counted by hand. Candidates and their invigilators may, at their option, witness all steps in the administration of elections and the counting of the vote. Only citizens may vote upon showing any form of valid government-issued identification.

Removal

(5) Any person who serves the Alberta state in any capacity shall be removed on conviction of treason, bribery, or other crimes as legislated under Article 7(1)(j)(iii)(B).

English

(6) All business of the Legislature, Executive and Judiciary shall be conducted in English.

ARTICLE 8 – JUDICIAL PROCESS

Trial Court

8. (a) Cases heard by the Alberta Trial Court shall be heard by a panel of two judges. Cases shall be assigned randomly, in a public and transparent process conducted by the court’s Chief Administrator appointed pursuant to Article 7(3)(g). To find for the prosecution in a criminal prosecution or for the claimant in a civil action, both judges shall concur in the result. Decisions shall be written.

Court of Appeal

(b) Cases heard by the Alberta Court of Appeal shall be heard by a panel of three judges. Cases shall be assigned randomly, in a public and transparent process conducted by the court’s Chief Administrator appointed pursuant to Article 7(3)(g). For the appellant to prevail in any appeal, all three judges must concur in the result. Decisions shall be written. Decisions of the Court of Appeal are final and cannot be appealed.

Counsel

(c) A party may retain any person to represent them as counsel in any case before the Trial Court or the Court of Appeal. Counsel need not be lawyers.

No binding precedent

(d) No decision of the Trial Court or Court of Appeal shall be binding on a future panel of the Trial Court or the Court of Appeal.

Burden of proof in criminal cases

(e) In criminal prosecutions, the accused is presumed to be not guilty unless guilt is proven beyond a reasonable doubt.

Burden of proof in civil cases

(f) In civil actions, defendants are presumed to be not liable unless claimants prove liability is more likely than not.

Sentencing in criminal prosecutions

(g) In accordance with Article 7(1)(l), the purpose of criminal sentencing is punishment, restitution, and reciprocity, not rehabilitation. Punishment shall fit the crime, not the criminal.

Remedies in civil actions

(h) Courts shall award successful claimants remedies that make the claimant whole, or as near as can be done, which may include damages, declarations, injunctions, and orders, as the Court considers appropriate and just in the circumstances. The purpose of civil remedies is to compensate for loss, not to punish.

Costs in criminal prosecutions

(i) In criminal prosecutions in which the accused is found not guilty, unless in the Court’s judgment the conduct of the parties demands otherwise, the Court shall order the Alberta Executive to pay the accused’s legal costs on a solicitor-and-client scale.

Costs in civil cases

(j) In civil cases, unless in the Court’s judgment the conduct of the parties demands otherwise, the Court shall order the losing party to pay the winning party’s legal costs on a solicitor-and-client scale.

Due process in criminal matters

(k) Any person charged with an offence shall

(A) be informed without delay of the specific offence and the nature of the accusation;

(B) be tried in a speedy and public trial in the district where the crime is alleged to have been committed;

(D) have the assistance of counsel for his defence;

(E) not be compelled to be a witness in proceedings against himself;

(F) be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial court;

(G) not be denied reasonable bail without just cause;

(H) not be found guilty on account of any act or omission unless, at the time of the act or omission, it constituted an offence;

(I) if finally acquitted of the offence, not be tried for it again and, if finally found guilty and punished for the offence, not be tried or punished for it again; and

(J) if found guilty of the offence and if the punishment for the offence has been varied between the time of commission and the time of sentencing, be subject to the benefit of the lesser punishment.

Arrest or detention

(l) Any person arrested or detained shall

(A) be informed immediately of the reasons;

(B) have the right to retain and instruct counsel without delay and be informed of that right; and

(C) have the right to determine the validity of the detention determined by way of habeas corpus and to be released if the detention is not lawful.

Self-incrimination

(m) No person shall be compelled to provide evidence that could incriminate him in a criminal prosecution.

ARTICLE 9 – LEGAL PERSONS

Legal persons

9. (a) Only human beings are legal persons. No other entities have legal status in Alberta to own property, make contracts, have standing in court to sue or be sued, or to do any other thing.

Exception

(b) Notwithstanding Article 9(a), the Legislature, the Executive, and the Judiciary each is a legal person for the purpose of fulfilling the functions set out in this Constitution. Each has the legal capacity to sue and be sued.

Includes foreign entities

(c) Article 9(a) applies to domestic and foreign entities. Foreign judgments in favour of or against foreign non-human legal entities shall not be enforced in Alberta.

ARTICLE 10 – CITIZENSHIP

Citizenship

10. (a) After adoption of this Constitution, children born inside Alberta to at least one parent who is a citizen at the time of the child’s birth are citizens. Children born outside Alberta after adoption of this Constitution to at least one parent who is a citizen at the time of the child’s birth shall be granted citizenship upon application. There shall be no other path to becoming an Alberta citizen after adoption of this Constitution, except for transition provisions in Article 12.

Equal protection of the law

(b) Laws and courts shall provide citizens with equal protection of the law in a system of blind justice. They shall not apply different rules or standards to citizens of different identities or groups.

Citizen identification

(c) The Alberta Executive shall make available to every citizen physical identification such as a plastic card and a physical passport that confirms their status as a citizen. Citizens shall not be required to utilize any other form of identification, including digital, electronic, or biometric.

Citizens at the border

(d) Unless a warrant has been issued for their arrest or an Alberta court has ordered that they remain in Alberta, citizens shall not be prevented or hindered from entering or leaving the country upon showing any form of valid government-issued identification. No data of any citizen shall be collected or stored when they enter or leave Alberta.

ARTICLE 11 – SEPARATION OF POWERS

No delegation

11. The Alberta Legislature shall not delegate substantive law-making or adjudicative authority to any part of the Alberta Executive or to any other person. No part of the Alberta Executive shall make substantive policy decisions, fill substantive gaps in legislation or act as a quasi-judicial body that adjudicates claims or disputes.

ARTICLE 12 – CITIZENS’ LAND AND OTHER TRANSITIONAL MATTERS

To be determined.

ARTICLE 13 – AMENDMENTS

Amendments

13. Amendments to this Constitution require two-thirds approval in the House and the Senate, and approval by referendum by two-thirds of citizens over the age of 20 alive at the time the vote is held.

Bruce Pardy, executive director of Rights Probe and professor of law at Queen’s University.

Contact us to book Bruce Pardy for an interview or appearance, or to subscribe to our newsletter: rightsprobe@protonmail.com