Question about Alberta referendum decision
Not a lawyer or a law student, and not looking for legal advice. I’m just curious and hoping to understand a bit better. Should probably also say I’m not here to stir up a political debate: I’m hoping to focus on the law.
From what I’ve been able to gather, the proposed Alberta referendum was “thrown out” over a breach of the duty to consult First Nations. Do I understand correctly? Also, is “thrown out” what actually happened?
Now we’re hearing a lot of talk about the notwithstanding clause. This is where I’m really getting confused. That clause is “Notwithstanding the Charter of Rights and Freedoms,” yes? Does that even have a role here? I thought the duty to consult First Nations was in the Constitution, not the Charter, and I’m pretty sure the notwithstanding clause isn’t “Notwithstanding the Constitution.”
Are the people talking about the notwithstanding clause just blowing smoke, or is there a case for invoking it here?
I’d love to learn any other points of law at work here that a you find interesting.