Author: Shaun Fluker Page 1 of 36

B.Comm. (Alberta), LL.B. (Victoria), LL.M. (Calgary).
Associate Professor.
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Elections Alberta sets out the ten questions on the 2026 referendum here. The UCP government’s description of the referendum questions is here, and this description labels the questions into three groups: (1) four ‘constitutional questions’; (2) five ‘immigration questions’; and (3) one ‘separation question’. These questions have been the subject of an immense amount of media commentary. CBC News provides a brief overview of each question here and has a dedicated webpage for all its referendum coverage here. Much of the commentary seeks to understand the policy implications of the referendum vote (see e.g., Explaining about all 10 questions on the referendum). One implication is certain: a majority of votes for Option 1 (Alberta should remain a province of Canada) on the ‘separation question’ is binding on this UCP government (and not just while Danielle Smith remains premier, as she suggested in an interview with CBC News here), and should legally preclude any further scratching of the separation itch within the UCP party and the government caucus until after the next general election.

The Minority Report on Electoral Districts: Will the Law Protect Alberta from UCP Gerrymandering?

By Shaun Fluker

On April 13, 2026

In Charter, Constitutional, Election/Voting

By: Shaun Fluker

Report Commented On: Alberta Electoral Boundaries Commission Final Report (March 2026)

PDF Version: The Minority Report on Electoral Districts: Will the Law Protect Alberta from UCP Gerrymandering?

In a representative democracy, an elected representative is chosen by voters in their assigned electoral district. It goes without saying that the integrity of the process used to determine electoral districts is essential to a functional representative democracy. Any whiff of partisan influence on the process will poison the legitimacy of electoral outcomes, raising the spectre that electoral districts were drawn to ensure a particular result on voting day. This is known as “gerrymandering”. Political commentators (see here and here and here) have described the minority report issued by the two UCP-appointed members of the 2025-2026 Alberta Electoral Boundaries Commission as classic gerrymandering. We are not quite there yet because it remains to be seen whether the minority report will be implemented by the UCP government. This post describes the content of the Electoral Boundaries Commission report submitted to the Speaker of the Legislative Assembly on March 23, 2026 (the “Report”) and explores what legal guardrails exist to prevent gerrymandering from infecting Alberta’s democracy.

The Light Goes Out at the NRCB on Major Recreational Project Reviews

By Shaun Fluker

On February 17, 2026

In Environmental, Land Use, Natural Resources

By: Shaun Fluker

Legislation Commented On: All-season Resorts Act, SA 2024, c A 38.5

PDF Version: The Light Goes Out at the NRCB on Major Recreational Project Reviews

At some point during the last few months of 2025, the Alberta Natural Resources Conservation Board (NRCB) seems to have erased some history on reviewing major recreation and tourism projects in Alberta, by removing from its website several recreational project review decisions the NRCB issued in the early 1990s. This became apparent to me recently, as I prepared for a media interview to discuss the application by Fortress Mountain Holdings Ltd. under the All-season Resorts Act to construct and operate a new commercial and recreational destination in Kananaskis Country at the site of the former Fortress Mountain ski area (see here for some earlier media coverage of this expansive application). This short comment critiques the All-season Resorts Act and the removal of NRCB jurisdiction over major recreational projects.

Back to School Notwithstanding the Charter

By Shaun Fluker

On October 30, 2025

In Constitutional, Education, Labour/Employment, Rule of Law, Statutory Interpretation

By: Shaun Fluker and JD students registered in the Public Interest Law Clinic

Legislation Commented On: Back to School Act, SA 2025 (full citation unavailable at publication time)

PDF Version: Back to School Notwithstanding the Charter

On Monday October 27, 2025, the Minister of Finance Nate Horner tabled Bill 2, Back to School Act, in the second session of the current Legislature, and the UCP government subsequently pushed it through all three readings of the legislative process, effectively passing it on the same day it was introduced. The Back to School Act came into force on royal assent on October 28, 2025. The Act legislates the end of the Alberta Teachers Association (ATA) strike and imposes labour terms between the Province of Alberta and the ATA for 4 years. While this alone warrants significant scrutiny, section 3 of the Act goes further and pre-emptively invokes the Charter’s notwithstanding clause (section 33), immunizing the Act from being struck because it unlawfully infringes sections 2 and 7 to 15 of the Charter. This post explains why the Back to School Act remains justiciable, which is to say, a law still amenable to judicial scrutiny.

New Standards (or is it a Book Ban?) in Alberta K-12 Schools

By Shaun Fluker

On July 15, 2025

In Administrative Law, Education, Equality, Youth and the Law

By: Shaun Fluker

Order Commented On: Ministerial Order 030/2025 (Education and Childcare)

PDF Version: New Standards (or is it a Book Ban?) in Alberta K-12 Schools

On July 4, 2025, Education and Childcare Minister Demetrios Nicolaides issued Ministerial Order 030/2025 prohibiting the inclusion of library materials with prescribed sexual content in K-12 schools. The Minister’s statement that this is about school standards and not a book ban, as reported by CBC News here, is simply not reconcilable with the written terms of his Order, as explained in this post.

Author: Shaun Fluker Page 1 of 36

2026 Referendum: UCP Grievance Politics and A Binding Vote Against Separation

The Minority Report on Electoral Districts: Will the Law Protect Alberta from UCP Gerrymandering?

The Light Goes Out at the NRCB on Major Recreational Project Reviews

Back to School Notwithstanding the Charter

New Standards (or is it a Book Ban?) in Alberta K-12 Schools