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Alberta said yes to overruling Ottawa — but drew the line at picking its own judges

Unofficial results from the Oct. 19 referendum show seven of nine questions passed, including provincial-law supremacy and Senate abolition. The judges question flipped to no in late counting, by the narrowest margin of the night.

Published: October 21, 2026 · Updated: October 21, 2026 · 2 min read

Alberta said yes to overruling Ottawa — but drew the line at picking its own judges
Illustration generated with AI for Serious Pick Illustration generated with AI for Serious Pick

The scoreboard

Seven yes, two no. According to the live results tracker Poliwave, which compiles Elections Alberta's poll-by-poll data from every riding, all five immigration questions passed: Q1 (more provincial control over immigration) at 53.4 per cent yes, Q2 (programs limited to citizens, permanent residents and approved statuses) at 51.9, Q3 (a 12-month wait before social supports for non-permanent residents) at 54.2, Q4 (health-care and education fees for non-permanent residents) at 54.7, and Q5 (proof of citizenship to vote in provincial elections) at 62.1 — the strongest yes of the night. The constitutional block split evenly. Q7 — asking Alberta to work with willing provinces to abolish the unelected Senate — passed with 52.6 per cent. Q9 — giving provincial laws priority over conflicting federal laws — passed with 50.8 per cent. But Q6 — letting provinces rather than Ottawa select the justices appointed to provincial King's Bench and Appeal courts — flipped to no in the final count, losing 50.2 to 49.8 after leading yes in earlier partial counts. Q8 — allowing provinces to opt out of federal programs in provincial jurisdiction while keeping the funding — failed with 51.5 per cent voting no.

A mandate with sharp edges

The result defies a single tidy reading. Voters approved the ballot's most confrontational constitutional item — Q9's provincial-law supremacy, which would reverse the current rule that federal law prevails when jurisdictions collide — while rejecting the proposal to shift judicial selection from Ottawa to the provinces. And they did it alongside a decisive rejection of separation: Q10 went 75.3 to 24.7 for remaining in Canada. Premier Danielle Smith had asked voters for yes on all nine questions plus remain on the tenth — and on the headline question she got it. Addressing supporters Tuesday night, she said she was "very pleased" with the results, described turnout as historic, and pledged that Alberta would keep pressing Ottawa for greater autonomy inside Canada's political and legal system, not through separation. She has ruled out calling another separation referendum while she leads the province.

Ottawa's answer

Prime Minister Mark Carney, who had urged Albertans to vote "no to the nine," told reporters Tuesday that constitutional change is "difficult" and "long," while adding he remains open to reforms where provinces reach broad consensus. "Where we can find solutions that work for Canadians, we should find those solutions that work for Canadians," he said, according to the Globe and Mail. The failures matter for Ottawa as much as the wins. Because the judges question and the program opt-out died at the ballot box, the federal government can negotiate the immigration and Senate items without being seen as crushing Alberta's ambitions — while Q9's passage means the provincial-supremacy fight, which requires constitutional change and broad provincial and federal agreement, is now a live file.

The fine print

Every figure is unofficial: Elections Alberta certifies the results on Oct. 29. And under the referendum's orders in council, the constitutional questions Q6 through Q9 carried binding force, while Q1 through Q5 and the separation question did not. Even the passed constitutional questions commit Alberta only to seeking amendments with other willing provinces and Ottawa — amendments that would still need Parliament and a broad coalition of provinces to pass.

What matters

What happened

Alberta's nine autonomy questions split 7 yes, 2 no. All five immigration questions passed, along with Senate abolition (Q7) and provincial-law supremacy (Q9). The judges question (Q6) flipped to no by the narrowest margin of the night; the federal-program opt-out (Q8) also failed. Separately, voters rejected separation 75.3 to 24.7.

Why it matters

Smith asked for yes on all nine and remain on Q10 — and got almost all of it. The province now holds a mandate on immigration control, Senate abolition and provincial-law supremacy, while voters denied the government the judges proposal and the program opt-out. That mix — confrontational on paper, constrained in practice — is what Ottawa now has to negotiate with.

What we know

Every figure is unofficial until Elections Alberta certifies on Oct. 29. Q6's flip came late in counting as final ridings reported; treat the tightest margins as provisional. A yes on Q7 and Q9 commits Alberta to seeking constitutional amendments with other provinces — it does not change the Constitution by itself.

What we don’t

How Ottawa will respond to the seven passed questions — and whether the failed Q6 and Q8 return in another form down the road.

What’s next

Watch Smith's within-the-system push on Ottawa, Carney's response on the immigration file (a new federal immigration levels plan is due Nov. 1), and whether any other province joins Alberta on Senate abolition or law-priority.

Sources

Mark CarneyDanielle SmithElections AlbertaAlbertaimmigrationreferendumSenateConstitution

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