The prime minister says Parliament won’t weigh in on Alberta’s referendum
Prime Minister Mark Carney speaks during a press conference on the sidelines of the 47th Association of Southeast Asian Nations (ASEAN) Summit in Kuala Lumpur on October 27, 2025. (Photo by Arif Kartono / AFP)
Prime Minister Mark Carney says a vote of 50 percent plus one on a referendum to separate wouldn’t represent a “clear majority” under the Clarity Act, a definition that would obligate the federal government to enter into separation negotiations.
Carney’s said that 50 percent plus one is not sufficient under federal law and does not take into account the proper “scope” of a majority or the amount of eligible voters who took part in a referendum.
“You have to respect democracy, you have to respect parliamentary legislation and the decisions of the Supreme Court of Canada,” Carney said in French May 26, during question period in the House of Commons.
“Under the Clarity Act, the House of Commons must consider the following factors to establish this determination of a clear vote: the scope of the majority that are valid, expressed in favour of the secessionistic option, and the percentage of eligible electors who took part in the referendum. It is not 50 percent plus one.”
Carney’s comment comes in the wake of an earlier statement on May 8 by Liberal MP Patricia Lattanzio, parliamentary secretary to the ministry of justice, who said a “clear majority” under the Clarity Act is satisfied by a referendum result of 50 percent plus one.
Lattanzio’s remark was in answer to a question from the separatist Bloc Québécois MP Mario Simard who had asked what is needed for a “clear majority” under the act.
In his May 25 comments on what is enough to trigger separation negotiations, Carney was responding to a statement from Bloc MP Christine Normandin, who said the Clarity Act is “authoritarian overreach” and called on Carney to repeal the act.
“Respecting democracy means avoiding interfering in referendum questions, but mostly it means avoiding interfering in the citizens’ response,” she said.
“A clear majority is 50 percent of the votes plus one. The prime minister knows this. All his laws are passed with 50 percent plus one. His majority depends on 50 percent plus one. Even his parliamentary secretary for justice said the rule is 50 percent plus one. That is democracy, except for referenda, because of the Clarity Act. Will the prime minister repeal this authoritarian overreach?”
Current polls show if a provincial election was called in Quebec today, the separatist Parti Québécois would win most votes. PQ Leader Paul St-Pierre Plamondon has said the party will hold a referendum on Quebec leaving Canada by 2030 if it wins in the October election.
The Clarity Act became law in 2000 and describes what would be required for Ottawa to recognize a successful separatist referendum, including whether a “clear majority” voted in favour of separation and whether they voted on a “clear question.”
The legislation was passed under the administration of former Prime Minister Jean Chrétien after the Supreme Court issued a 1998 ruling on Quebec separation and what was required by a referendum to obligate Ottawa to negotiate separation of a province.
Alberta Referendum
Carney also said on May 26 that Parliament would not weigh in on Alberta’s referendum question as the Clarity Act won’t be triggered by the text of the proposed question.
Alberta Premier Danielle Smith has said the text of the question in the Oct. 19 referendum will read: “Should Alberta remain a province of Canada or should the Government of Alberta commence the legal process required under the Canadian Constitution to hold a binding provincial referendum on whether or not Alberta should separate from Canada?”
As this question does not pertain to separation itself but only to whether the government should begin a process to hold a separation referendum, Carney said he has been told it is not in the purview of Parliament.
“I just heard from the council of experts on the applicability of the Clarity Act and it does not apply on the question on the question in Alberta,” Carney remarked in French May 26 during question period, adding on his way out of question period that the upcoming vote in Alberta “is not a binding referendum.”
Smith said last week that her government will include the separation-related question in the province’s upcoming referendum in October. The referendum covers a range of issues, including having greater provincial control over immigration and judicial appointments.
Smith has said she will campaign for the province to stay within Canada, but wants to ensure citizen-led petitions that meet legal requirements are respected. A May 13 court ruling quashed Stay Free Alberta’s citizen-led referendum petition, which organizers said had collected more than 300,000 signatures. The judge cited improper First Nations consultation as the reason for rejecting the petition drive, while Smith said the court made an error in law and that her government will be appealing the decision.
Smith said the referendum question related to Alberta’s future isn’t a binding separation question, and therefore won’t be limited by the court ruling. If Albertans vote in favour of a separation referendum, she said at that point her government would commence the formal process of holding a binding referendum on separation.