Nenshi warns Alberta petition law needs change to avoid another referendum

If Alberta's government wins its court appeal, the province will face an automatic second referendum on separation — unless it changes the law first, Opposition Leader Naheed Nenshi warned Friday.

The Court of King's Bench ruled in May that the chief electoral officer shouldn't have approved a separatist petition because the province failed its constitutional duty to consult First Nations. The Athabasca Chipewyan First Nation led the challenge. Alberta is appealing, arguing Justice Shaina Leonard made errors of law.

But Nenshi said the government faces a bind: the Citizenship Initiative Act legally requires a referendum if a petition reaches the required signature threshold. The Stay Free Alberta petition collected more than 300,000 signatures — nearly double what was needed.

"If she prevails in this court case, I don't see how she cannot have another referendum without changing her own law," Nenshi said. "If the Alberta government wins, there will automatically be another referendum."

Premier Danielle Smith said in a televised address this week the government will not hold another referendum on separation. Justice Minister Mickey Amery's statement to media said the province believes citizens shouldn't have to meet a duty to consult to gather signatures on a citizen initiative — but Amery did not explain whether or how the province would change the law to avoid a mandatory vote.

As HOC reported in June, Nenshi has previously criticized Smith over the separatist movement's effect on economic certainty. The recent referendum that included a federalism question saw 75 per cent of Albertans vote to remain part of Canada.