An Alberta Court of King’s Bench recently invalidated the approval of a petition seeking a referendum on provincial independence from the separatist group Stay Free Alberta. This ruling casts doubt on the future of a petition that reportedly collected over 300,000 signatures.
Details of the Court Ruling
The decision, issued by Justice Shaina Leonard, highlighted that Chief Electoral Officer Gordon McClure made a legal error in permitting the citizens’ initiative. Leonard noted that McClure failed to account for an earlier court ruling indicating that separation would infringe upon Treaty rights.
Key Findings
- Justice Leonard determined the chief electoral officer’s decision was “unreasonable.”
- The provincial government did not adequately consult the Athabasca Chipewyan First Nation, Blood Tribe, Piikani Nation, and Siksika Nation.
Petition Background
Stay Free Alberta gathered signatures for the independence petition from January 2 to May 2. The group’s leader, Mitch Sylvestre, submitted the petition to Elections Alberta’s Edmonton office on May 4. Following the court’s decision, Sylvestre expressed disappointment and planned to appeal.
Reaction from Leaders
Attorney Jeff Rath, representing Stay Free Alberta, criticized the verdict. He stated, “We disagree fundamentally with the decision, which appears to violate principles of natural justice.” An appeal is expected as they prepare to contest the ruling.
Alberta Premier Danielle Smith acknowledged the ruling during a recent question period. She promised to review the judgment thoroughly before making further statements. “We will be reviewing the results of this judgment and then making some decisions,” she indicated.
Injunction Request Denied
In a separate matter, Justice Leonard rejected an injunction request from the Sturgeon Lake Cree Nation (SLCN) aimed at halting the independence petition. The SLCN claimed that the government’s alteration of laws facilitating the petition violated Treaty 8.
Concerns Raised
While SLCN cited concerns over increased racism and misinformation associated with the petition, Leonard found insufficient evidence linking these issues to the citizen initiative process. The judge concluded that the evidence did not demonstrate irreparable harm resulting from her ruling.
Orlagh O’Kelly, the SLCN’s legal representative, expressed disappointment with the outcome but affirmed that they are reviewing their options moving forward. SLCN Chief Sheldon Sunshine commented that the case has heightened awareness among Albertans regarding the implications of secession and Treaty breaches.
