Alberta's provincial laws take priority over conflicting federal laws in areas of provincial or shared jurisdiction.

Summary

That is not the current constitutional rule. When valid federal and provincial laws genuinely conflict, Canada's paramountcy doctrine generally makes the federal law prevail and the provincial law inoperative to the extent of the conflict. The Supreme Court has applied that framework in cases from operational impossibility to frustration of federal purpose. Question 9 does not flip that rule: it asks whether Alberta should work with other willing provinces to amend the Constitution so provincial laws would have priority in provincial or shared areas when they clash with federal law. A yes vote is support for seeking that amendment, not a change that takes effect on its own. Alberta's Sovereignty Act creates a separate provincial process for directing Crown entities not to help enforce federal initiatives deemed harmful, but scholars dispute its constitutionality and it does not replace federal paramountcy in the Constitution itself.

Evidence

• Question 9, set by Order in Council 109/2026, asks whether Alberta should seek a constitutional amendment with other willing provinces to give provincial laws priority over conflicting federal laws in provincial or shared jurisdiction.

  Elections Alberta (referendum questions, O.C. 109/2026)

• The Centre for Constitutional Studies explains that under paramountcy, a provincial law that conflicts with valid federal law is inoperative to the extent of the conflict and federal legislation takes precedence.

  Centre for Constitutional Studies (doctrine of paramountcy)

• CityNews reporting on the February 2026 referendum package describes the provincial-priority question as one of several constitutional amendments Alberta would pursue with other willing provinces, not a rule Alberta can enact alone.

  CityNews Calgary (2026 referendum questions)

Related claims

• The Sovereignty Act lets Alberta refuse to enforce any federal law it considers harmful.Contested
• Ottawa's federal carbon tax is an unconstitutional intrusion into provincial jurisdiction.False
• Alberta can take over the appointment of its King's Bench and Court of Appeal judges from the federal government.False