As promised by Premier Danielle Smith, the Alberta government has filed its appeal of a Court of King's Bench ruling that effectively quashed a citizen-led petition calling for Alberta to separate from Canada.
The notice of appeal, filed in the Court of Appeal of Alberta on Wednesday, cites what the government believes were 14 errors in the original decision from last month. That decision found the province had failed to meet its constitutional 'duty to consult' First Nations, who had argued Alberta separation would infringe on treaty rights.
Government's Position on Duty to Consult
In its court filing, the government disputes that finding, claiming that issuing the petition did not itself prompt the government's duty to consult. The government is also challenging the initial ruling's assertion that its citizen-initiative legislation 'creates a rigid and inevitable pathway' to a referendum and the implementation of the results of that vote.
Its filing also asserts that the original ruling 'improperly assumes that Alberta may not comply with its statutory and constitutional obligations.'
Appeal Objectives
The government is seeking to have the May ruling set aside as well as a declaration that 'the issuance of an initiative petition does not trigger the duty to consult.' The government's filing indicates it is not appealing to have the appeal expedited.
The proponent of the separatist petition, Mitch Sylvestre, said he has gathered over 300,000 signatures in support of his question, though that figure has not been validated by Elections Alberta.
Broader Implications
In supporting the appeal, Smith has said the May ruling has broader implications for its citizen initiative process. 'We understand that if it comes to a point of implementation, there's a duty on us as government to make sure that Aboriginal rights are respected, but it would be impossible for a citizen group to be able to meet that standard.'
Sylvestre's lawyer, Jeff Rath, has also appealed and filed a stay application that is slated to be heard in court later this month.
