A judge in Alberta has delivered a sharp rebuke to Premier Danielle Smith's government, declaring a recently introduced bill on referendum petition drives to be fundamentally undemocratic. The ruling came down on December 5, 2025, from the Calgary Courts Centre.
Judge's Ruling Criticizes Mid-Stream Rule Changes
Court of King's Bench Justice Colin Feasby issued the decision during a hearing concerning the legality of a petition drive aiming to ask Albertans if the province should separate from Canada. Justice Feasby was tasked by Alberta's chief electoral officer with reviewing whether such a proposal could proceed, given potential conflicts with the Constitution.
In the midst of this judicial review, Justice Minister Mickey Amery introduced a bill designed to allow referendum petition drives to advance even if they are found to contravene constitutional law. It was this legislative maneuver that prompted the judge's strong criticism.
Undermining Democracy and Justice
Justice Feasby stated that for the government to change the rules midstream severely undermines respect for both democracy and the proper administration of justice. His comments highlight a significant tension between the provincial government's legislative agenda and the judiciary's role in upholding constitutional order.
The case centers on a highly sensitive political issue: the potential for a provincial referendum on Alberta's separation from Canada. The judge's review was a procedural step to determine the petition's legality before it could collect signatures from the public.
Political and Legal Repercussions
This judicial condemnation places immediate political pressure on Premier Danielle Smith's United Conservative Party government. The ruling suggests that the proposed bill, intended to circumvent potential constitutional hurdles for separation referendums, could face further legal challenges on the grounds of democratic principles.
The decision from Justice Feasby does not kill the government's bill, but it provides powerful legal ammunition for opponents and frames the proposed legislation as an affront to democratic norms. The development ensures that the debate over Alberta's referendum law will remain a heated issue in both legal and political circles.
