Alberta Premier Danielle Smith to Appeal Court Ruling on Separation Petition
Premier Danielle Smith has announced that her United Conservative Party (UCP) government will appeal a court decision that many believed would end the possibility of a pro-separation referendum. The ruling, issued Wednesday by Court of King's Bench Justice Shaina Leonard, found that the provincial government failed to meet its constitutional duty to consult with First Nations, who argued that Alberta separating from Canada would infringe on treaty rights. Smith called the decision "anti-democratic" and vowed to challenge it.
Why the Government Objects
Speaking at a press conference on Friday, Smith stated that she does not believe an unelected judge appointed by Prime Minister Justin Trudeau should overrule what "700,000 people in this province have said they want." She argued that the duty to consult First Nations cannot be imposed on citizen groups seeking to place a petition question on the ballot. "The judgment itself has much broader implications for our citizen initiative process, and we think that's the reason it needs to be challenged," Smith said. She acknowledged that if a referendum leads to implementation, the government would respect Aboriginal rights, but it would be "impossible for a citizen group to be able to meet that standard."
The Judge's Ruling
The legal challenge was brought by Athabasca Chipewyan First Nation and three Blackfoot Nations against Mitch Sylvestre's citizen-led initiative petition, which sought to put a question supporting Alberta's independence to a referendum. Justice Leonard found that Alberta's chief electoral officer made an error in law by approving the petition from Stay Free Alberta, and that the provincial government failed to meet its constitutional duty to consult First Nations. The 37-page ruling puts the petition at risk. However, Sturgeon Lake Cree Nation, whose case was heard simultaneously, lost its legal challenge, as Leonard found it had not proven irreparable harm.
What Happens Next
The UCP government's appeal raises questions about the fate of Sylvestre's petition and the Forever Canadian petition currently before a committee of MLAs. It remains unclear whether a pro-separation question will appear on the ballot. Meanwhile, Sturgeon Lake and Mikisew Cree First Nation have called on Prime Minister Mark Carney to withhold support for investments or projects in Alberta until Premier Smith commits to blocking any separatist referendum. In a statement, they urged Carney to "withhold support for investments, projects, or MOUs in Alberta until the premier clearly commits to rejecting any separatist referendum that creates uncertainty around Canada's constitutional framework and the treaty relationship."
