Quebec's Constitutional Latitude Exposes Alberta's Limitations in Federal System
The recent swift dismissal by Ottawa of Alberta Premier Danielle Smith's request for greater provincial influence over Supreme Court justice appointments has reignited discussions about the unequal distribution of powers within Canada's federal framework. This incident serves as a stark reminder of the significant constitutional privileges that Quebec enjoys, which are routinely denied to western provinces like Alberta.
Judicial Appointment Disparity Highlights Systemic Differences
When Supreme Court Justice Sheilah Martin announced her retirement, creating one of two Western Canada seats on the nine-member bench, Premier Smith formally requested that Ottawa eliminate the newly implemented bilingualism requirement for the replacement justice. Smith argued that this mandate created a systemic barrier for most Alberta jurists, given the limited French-speaking population in Western Canada.
Attorney General Sean Fraser promptly rejected the request, stating the current system was working very well. This response contrasted sharply with Ottawa's reaction to a similar request from Quebec just one year earlier. In 2023, when Quebec requested the bilingualism mandate, the federal government immediately enacted it into law.
Quebec's Special Immigration Authority
The disparities extend far beyond judicial appointments. Following the failed Meech Lake Accords in the late 1980s, Quebec received special immigration powers through the 1991 Canada-Québec Accord as a consolation prize for not achieving constitutional recognition as a distinct society. This agreement grants Quebec unprecedented authority to:
- Set its own annual immigration levels
- Determine the criteria for immigrant selection
- Prioritize French-speaking newcomers, particularly from Francophone regions of Africa
While other provinces participate in the Provincial Nominee Program, their influence over immigration streams pales in comparison to Quebec's substantial control. However, Quebec's authority remains incomplete, as demonstrated by its inability to prevent tens of thousands of asylum seekers from entering via the Roxham Road border crossing beginning in 2016.
Historical Context and Ongoing Tensions
The constitutional landscape has created what many Albertans perceive as federal favoritism toward Quebec. Some analysts suggest Quebec has simply been more assertive in demanding special privileges, while others point to structural inequalities embedded in Canada's constitutional arrangements.
This dynamic occurs against a backdrop of rising Western alienation, with many Albertans noting repeated patterns where Quebec secures extraordinary powers over provincial affairs that are subsequently denied to Alberta. Even when Quebec Premier François Legault demanded complete sovereign control over immigration in 2024, then-Prime Minister Justin Trudeau rejected the request, demonstrating that Quebec's powers, while substantial, have limits.
The ongoing tension between provincial aspirations and federal authority continues to shape Canada's constitutional evolution, with Quebec's special status remaining a focal point of interprovincial comparisons and political discourse.
