An Alberta judge has quashed Elections Alberta’s approval of Stay Free Alberta’s pro-separation petition.
On Wednesday, May 13, Alberta Court of King’s Bench Justice Shaina Leonard said the provincial government failed to meet its duty to consult with First Nations.
Athabasca Chipewyan First Nation and the Blackfoot Confederacy, which represents the Siksika, Kainai and Piikani First Nations, brought the lawsuit forward to determine whether this petition was constitutional. First Nations argued Alberta separation would infringe on treaty rights.
The petition asking the question “Do you agree that the Province of Alberta should cease to be a part of Canada to become an independent state?” was launched on Jan. 2. The petition had to collect 177,732 signatures by May 2. Stay Free Alberta, led by Mitch Sylvestre, delivered the petition with more than 300,000 signatures to Elections Canada last week.
“Although our government does support Alberta remaining in Canada, we think that today’s decision by the court will deny opportunity to well over 300,000 Albertans to have their petition verified by Elections Alberta,” Premier Danielle Smith said.
“We think this decision is incorrect in law and anti-democratic, and we will be appealing it as a result. Our cabinet and caucus will be meeting in the next couple of days to discuss the full context and make some decisions after we’ve had a chance to talk it through.”
Jeffrey Rath, a lawyer representing Stay Free Alberta, issued a statement on social media: “We disagree fundamentally with the decision, which appears on its face to violate principles of natural justice and contain numerous errors of law. We have been instructed to prepare and file the appropriate appellate documents.”
A petition seeking to have Alberta remain in Canada collected more than 400,000 signatures this past year.