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Bill 14 — Referendum Act Amendments: Government Discretion to Override Binding Results
Amends the Referendum Act to allow the government to not implement binding referendum results if it determines they would contravene the Constitution Act, 1982.
What changed
- A new provision states that if the results of a referendum are binding, the government is 'not required to implement' them if doing so would contravene sections 1 to 35.1 of the Constitution Act, 1982 (s. 4(3)).
Why it matters
- Introduces a significant discretionary power for the government to override the outcome of a binding referendum, potentially undermining the democratic will expressed through such votes.
- While framed as a constitutional safeguard, it places the interpretation and enforcement of this safeguard solely within the government's purview, without explicit independent oversight in the Act.
- Could reduce public confidence in the binding nature and effectiveness of future referendums.
Other governance concerns
- Government discretion over democratic outcomes
- Reduced impact of binding referendums
Primary sources (1)
- Primary sourceGovernment documentBill 14 – Justice Statutes Amendment Act, 2025 (Alberta Legislative Assembly)