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What is the Section 38 documentary about?
Written and directed by Mathew Embry and produced by Muster Point Productions, Section 38 examines Alberta’s independence debate through interviews and perspectives associated with the movement. The film’s official description names Wilson, Perkins and Smith, whose interview was recorded in 2019, before she became premier. It identifies Wilson as a leading voice of Alberta’s independence movement and Perkins as the author of Confessions of an Economic Hit Man.
The film page poses the debate as a question to Albertans through a line attributed to Wilson: “How are we doing, Albertans? How do you feel individually about your place in Canada?”
In a producer-issued release dated October 8, 2026, Embry said: “Some will say I’m too sympathetic to separatists. Others will say I’m too hard on them. But their concerns are real, and so is the case for a united Canada. I’m not here to tell anyone how to vote. I’m here to share perspectives.” That statement describes the director’s stated intention; it does not by itself establish how balanced the finished film is.
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The same release attributes the line “I don’t think Canada will exist in a decade” to Smith in her 2019 interview. It should be understood as a historical statement from that interview, not as a current prediction.
Where can you watch Section 38?
The filmmakers’ official site lists an online rental for CAD $9.99 with a 48-hour viewing window. Rental terms can change, so check the film page at the time of viewing. The site also invites requests for online or in-person community screenings; it does not establish screening availability or group pricing.
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What does Section 38 mean in Alberta’s independence debate?
Section 38 of the Constitution Act, 1982 sets out Canada’s general procedure for amending the Constitution. It requires resolutions from the Senate and House of Commons, as well as resolutions from at least two-thirds of provincial legislatures representing at least 50 percent of the population of the provinces. The familiar name for that threshold is the “7/50” formula: at least seven provinces, together accounting for at least half the provincial population. The Constitution’s text states the requirements; “7/50” is a shorthand.
The section is a constitutional amendment procedure, not a provision that lets a province declare independence by itself. Other amendment procedures apply to particular subjects: Section 41 requires agreement from the federal houses and every provincial legislature for a limited set of matters, while Section 45 concerns a province amending its own constitution, subject to Section 41. Section 45 is not a route for changing Alberta’s status within Canada.
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Does Alberta’s October 19 vote mean separation?
No. The question reproduced by the Alberta Constitution Project asks: “Should Alberta remain a province of Canada or should the Government of Alberta commence the legal process required under the Canadian Constitution to hold a binding provincial referendum on whether or not Alberta should separate from Canada?” The project says the wording was set by Order in Council 110/2026 on March 31, 2026.
The ballot therefore combines a choice about remaining a province with a proposal to commence a process for a later referendum. A vote to begin that process would not itself be the later referendum on separation, nor would it make Alberta independent.
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What would a later referendum change—and what would it not?
The distinction between a political mandate and a constitutional outcome is central. In its 1998 Reference re Secession of Quebec, the Supreme Court of Canada held that a clear majority voting on a clear question in favour of pursuing secession would create a reciprocal duty to negotiate constitutional change in good faith. The Court did not say that such a vote automatically separates a province from Canada.
The federal Clarity Act gives the House of Commons a role in assessing whether a referendum question and any pro-secession majority are clear for the Act’s purposes. A question that merely asks for a mandate to negotiate, without directly asking whether the province should cease to be part of Canada, cannot constitute a clear expression of the will to secede under the Act. After a referendum, the House must consider whether a clear majority expressed a clear will to secede; relevant factors include the size of the majority, turnout among eligible voters and other circumstances and views.
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The Act also states that a province has no unilateral constitutional right to secede. Separation would require a constitutional amendment and negotiations involving Canada’s federal government and the provincial governments. Thus, even a later referendum result would be part of a constitutional and political process, not an automatic legal switch to independence.
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