EDMONTON — A dispute is escalating in Alberta over the separatist referendum after Justice Shaina Leonard effectively struck down the petition drive by secessionists, ruling that it should never have been authorized because the provincial government failed to meet its duty to consult First Nations and because Alberta’s potential secession would violate treaty rights.
In her ruling, the Alberta Court of King’s Bench judge said the government was required to consult Indigenous communities before approving the referendum petition, stressing that secession would directly impact Treaties 7 and 8 and therefore the rights of Indigenous peoples across Alberta. She concluded that the province breached its constitutional duty to consult.
The decision came on Wednesday, following a previous order last month in which the same judge paused the signature verification process while reviewing a legal challenge brought by First Nations against the referendum process.
Lawyers representing the Athabasca Chipewyan First Nation and the Blackfoot Confederacy — which includes the Piikani Nation, Siksika Nation, and Blood Tribe — had argued that the referendum process was unconstitutional without consultation with Indigenous communities.
Premier of Alberta Danielle Smith reacted immediately, calling the court’s decision “incorrect in law and anti-democratic” during an event in Edmonton. “I would say that it is a single judge who has made a decision, and we have now 700,000 Albertans — whether they’re on the remain side or the leave side — who’ve said that they want to have this public debate,” she said, adding that, since that decision “is legally wrong and anti-democratic,” the Province will appeal the court ruling.
Smith added that she will consult with her government and the UCP caucus to determine next steps. “We want to hear from Albertans. That’s what we think democracy is.”
The premier had previously said that if the separatist petition met the required threshold of signatures, the proposal would be placed on a referendum ballot scheduled for the fall.
The separatist group Stay Free Alberta submitted its petition last week, claiming nearly 302,000 signatures — well above the 178,000 required.
In the pic at the top, one of the separatist movement gatherings (photo from the Facebook page of one of the leaders of the Alberta Independence Movement, Mitch Sylvestre)