The referendum is confusing

On Oct. 19, Albertans will be asked to answer 10 referendum questions.

The questions touch on immigration, access to health care and education, voting requirements, the selection of judges, the future of the Senate, federal and provincial powers and, finally, Alberta’s place in Canada.

I have read through them several times, and my honest reaction is that the referendum is confusing.

Some questions are long. Some contain legal or constitutional language. Several ask Albertans to support ideas without explaining exactly how those ideas would work. Even the order is unusual. Voters will receive Question 10 first, followed by Questions 1 through 9.

I am not going to use this editorial to tell anyone how to vote. That is a personal decision, and people will reach different conclusions based on their priorities, beliefs and experiences.

What I can do is help readers understand what they are being asked.

Questions 1 through 9 require a yes or no answer. Question 10 gives voters two choices. According to Elections Alberta, Questions 1 through 5 and Question 10 are non-binding. Their results will express what voters want but will not, on their own, create or change a law.

Questions 6 through 9 are constitutional questions. Even if supported, however, they would not immediately amend the Constitution. Alberta would have to pursue the proposed changes with other governments through Canada’s constitutional amendment process.

Here is my best attempt to explain each question as simply and neutrally as possible.

Question 1 asks whether Alberta should seek greater control over immigration.

That control would be used to reduce immigration to what the question describes as “more sustainable levels,” prioritize economic migration and give Albertans first priority for new employment opportunities.

A yes vote supports Alberta taking greater control for those purposes. A no vote opposes the proposal.

What the question does not explain is what a sustainable immigration level would be or how first priority for Albertans seeking employment would work.

Question 2 deals with access to provincially funded services.

It asks whether Alberta should introduce a law limiting eligibility for provincially funded programs to Canadian citizens, permanent residents and people with an immigration status approved by Alberta.

The question lists health care, education and other social services as examples.

A yes vote supports introducing such a law. A no vote opposes it.

The question does not provide a complete list of the programs that could be affected or define what would qualify as an “Alberta-approved immigration status.”

Question 3 asks whether people with non-permanent legal immigration status should have to live in Alberta for at least 12 months before qualifying for provincially funded social support programs.

Canadian citizens and permanent residents would continue to qualify as they do now.

A yes vote supports the proposed one-year residency requirement. A no vote opposes it.

The question does not identify every program that would be considered a social support program.

Question 4 asks whether Alberta should charge people with non-permanent immigration status a fee or premium for their own and their family’s use of the provincial health care and education systems.

Canadian citizens and permanent residents would continue to qualify for public health care and education as they do now.

A yes vote supports charging a fee or premium. A no vote opposes the proposal.

The question does not say how much the fee would be, what would be considered a reasonable charge or precisely which services would be covered.

Question 5 deals with proof of citizenship when voting in an Alberta provincial election.

It asks whether voters should be required to produce proof of Canadian citizenship, such as a passport, birth certificate or citizenship card.

A yes vote supports introducing that requirement. A no vote opposes it.

This question is about a possible future change. It does not alter the identification required to vote in the Oct. 19 referendum.

For this referendum, voters must prove their identity and current address. That can generally be done with one piece of government-issued photo identification showing the voter’s full name, photograph and current physical address, or with two accepted pieces of identification. Both pieces must show the voter’s full name, and at least one must show the current physical address. An authorized signatory may also complete an attestation form for voters who qualify for that option.

A passport cannot be used as the single piece of identification because it does not contain an officially issued address. It can, however, be used as one of two accepted pieces of identification when another document provides the voter’s current physical address.

Question 6 asks whether Alberta should work with other willing provinces to pursue a constitutional amendment giving provincial governments, rather than the federal government, responsibility for selecting justices appointed to provincial King’s Bench and Appeal courts.

A yes vote supports Alberta working toward that constitutional change. A no vote opposes pursuing it.

The vote would not immediately transfer responsibility for selecting justices. It asks whether Alberta should work with other provinces to try to change the Constitution.

Question 7 asks whether Alberta should work with other willing provinces to seek a constitutional amendment abolishing the unelected federal Senate.

A yes vote supports pursuing the abolition of the Senate. A no vote opposes it.

Voting yes would not abolish the Senate on Oct. 19. It would support Alberta working with other provinces toward a constitutional amendment.

Question 8 deals with federal programs operating in areas described in the question as provincial jurisdiction, including health care, education and social services.

It asks whether provinces should be allowed to opt out of those federal programs without losing the associated federal funding for use in provincial social programs.

A yes vote supports Alberta working with other willing provinces to pursue that constitutional change. A no vote opposes it.

The question does not identify the specific federal programs that could be affected.

Question 9 asks whether provincial laws should take priority over conflicting federal laws in provincial or shared areas of constitutional jurisdiction.

A yes vote supports Alberta working with other willing provinces to pursue that constitutional amendment. A no vote opposes it.

The question does not identify the particular laws or disputes that could be affected. It also does not define the shared areas of constitutional jurisdiction to which the proposed change would apply.

Question 10 concerns Alberta’s future within Canada.

This is not a yes-or-no question. Voters will choose between two options.

The first says Alberta should remain a province of Canada.

The second says the Alberta government should begin the legal process required under the Canadian Constitution to hold a future binding referendum on whether Alberta should separate from Canada.

This is an important distinction. Question 10 is not a direct vote on Alberta separating from Canada. Choosing the second option would support beginning the legal process required to hold another referendum at a later date.

Although it is numbered Question 10, this will be the first ballot given to voters. It will also be counted first at each voting location, followed by Questions 1 through 9 in numerical order. All ballots will be counted by hand.

I expect Albertans will have strong opinions about many of these subjects. That is healthy in a democracy. What concerns me is the possibility of people reaching the ballot box without clearly understanding what each question asks, what their answer means or what remains undefined.

Several questions propose directions rather than detailed policies. They do not tell us what future legislation would contain, how constitutional negotiations would unfold or how some of the proposed changes would operate in practice.

That does not mean Albertans should dismiss the referendum. It means we must read carefully, ask questions and recognize the limits of what is actually written on the ballot.

My role is not to mark anyone’s ballot for them. My role is to make sure readers have the clearest information possible before marking their own.

On Oct. 19, take the time to read every question. Understand what your answer supports, what it opposes and what the question leaves unanswered.

Whatever choices you make, make them with your eyes open.