Alberta Premier Danielle Smith says her government will appeal a court ruling that quashed a separatist petition, calling the decision incorrect in law and anti democratic. According to Global News, the ruling was issued by Justice Shaina Leonard, who found the petition should not have been approved because the province failed to consult with First Nations.
The case centred on Alberta’s referendum process and whether a separation question could move forward without consultation with Indigenous communities. Lawyers for the Athabasca Chipewyan First Nation and the Blackfoot Confederacy argued that the process was unconstitutional because it did not require First Nations consultation before a petition tied to separation could proceed.
In her judgment, Leonard said Alberta had a duty to consult because any move toward leaving Canada would affect treaty rights. She wrote that Alberta’s separation from Canada would have an impact on Treaties 7 and 8, and that the Chief Electoral Officer’s decision to issue the petition had a potential adverse effect on those rights.
Smith rejected that conclusion shortly after the ruling, saying hundreds of thousands of Albertans had shown they wanted a public debate on the province’s future. She said the government would review the decision with cabinet and the UCP caucus before determining its next steps, but made clear that an appeal is planned.
The separatist group Stay Free Alberta had submitted its petition last week, claiming it had nearly 302,000 names, far above the required threshold of about 178,000. Smith had previously said that if the petition had enough valid signatures, the separation question could appear on a referendum ballot this fall.
The ruling now leaves the future of that ballot question uncertain. Elections Alberta said it is reviewing the decision to understand what it means for existing citizen initiative petitions. The lawyer for Stay Free Alberta also said the group disagrees with the ruling and intends to appeal.
The issue comes as Alberta is already preparing for an October 19 provincial referendum on several questions tied to immigration and constitutional matters. A separate pro Canada petition called Forever Canadian, led by former Alberta deputy premier Thomas Lukaszuk, has already been verified after collecting more than 400,000 signatures.
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