Danielle Smith said she's going to appeal
Alberta separation petition overturned as judge rules in favour of First Nations
A judge threw out an Alberta separatist petition Wednesday, ruling the province had a duty to consult with First Nations -- a decision quickly declared “anti-democratic” by Premier Danielle Smith.
Justice Shaina Leonard also said Alberta’s chief electoral officer should never have issued the referendum petition.
The premier promised there would be an appeal.
“This is a decision by one judge,” said Smith. “We think that this decision is incorrect in law and anti-democratic, and we will be appealing it as a result.”
Lawyers for several First Nations argued last month that Alberta’s referendum process and its use by separatists is unconstitutional, as there’s no requirement for Indigenous consultation. They also said separation would violate treaty rights.
Government lawyers defended the process and pushed for the separatist petition to play out.
Leonard sided with the First Nations.
“As a matter of logic and common sense, there can be no doubt that Alberta’s secession from Canada will have an impact on Treaties 7 and 8,” the judge wrote.
She said a bill the government passed in December amending the citizen-initiated referendum process “put in motion a series of required steps that engaged the duty to consult.”
“No consultation occurred. Alberta breached its duty to consult with the applicants,” Leonard said.
The legislation removed the requirement that proposed referendum questions be constitutional and the ability of the chief electoral officer to refer proposals to the courts for review.
It also allowed applicants to reapply.
When the separatist group Stay Free Alberta first applied last summer for a petition, its question was referred to a judge for review.
That judge, the day after the bill was tabled, ruled the group’s question was unconstitutional. The group reapplied, and their petition was issued in January.
Leonard said the separatists shouldn’t have been allowed to reapply, because the chief electoral officer denied their first proposal Dec. 8. The legislation came into force three days later.
“The first proposal was not pending when the amendments came into force. It had been rejected and had come to an end,” the judge said.
Allan Adam, chief of Athabasca Chipewyan First Nation celebrated the ruling. The First Nation, along with the Blackfoot Confederacy, representing the Siksika, Kainai and Piikani First Nations, launched the case.
An Alberta judge has quashed a separatist petition, saying the provincial government had a duty to consult with First Nations.
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