An Alberta judge has overturned a decision by the province's chief electoral officer to issue a petition for a referendum on provincial separation, casting doubt on the possibility of a vote on Alberta independence through a citizen initiative.
Court Ruling
Court of King's Bench Justice Shaina Leonard quashed the decision to issue a citizen initiative petition on Alberta independence, ruling that the provincial government failed to meet its duty to consult with First Nations. The Athabasca Chipewyan First Nation, Piikani Nation, Siksika Nation, and Blood Tribe claimed victory on Wednesday in their legal challenge of the referendum.
Leonard found that the decision to issue the petition triggered subsequent steps that would bind the government to implement the results of a referendum. She stated that Alberta's secession from Canada would undoubtedly impact Treaties 7 and 8, yet no consultation occurred.
Reactions
In a statement, a lawyer for the First Nations said, "We are pleased to say that in all proceedings the First Nations were successful." Separatist lawyer Jeffrey Rath criticized the decision on social media, calling it a violation of natural justice and containing numerous errors of law. He indicated that appellate documents would be prepared and filed.
Alberta Premier Danielle Smith told the legislature that she was reviewing the decision and would consult with a committee examining another petition, the Forever Canada petition, which is currently before a legislative review committee.
Sturgeon Lake Cree Nation Case
In a related case, Sturgeon Lake Cree Nation lost its challenge of an amendment to the Citizen Initiative Act that removed a provision preventing unconstitutional questions from going to a vote. Leonard found that while the nation raised serious issues, it did not prove irreparable harm. Nation lawyer Orlagh O'Kelly expressed disappointment but noted that the decision does not change their legal position that Alberta cannot unilaterally call a referendum to end treaties to which it is not a party.
The ruling leaves the future of the Alberta separation referendum uncertain, as the province must now consider its next steps.
