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Alberta Independence Petition Voided; Forever Canadian Next?

Court quashes pro-separation petition on treaty rights grounds; pro-confederation question waits while MLAs meet.

· 2 min read · HOC Newsroom

An Alberta court has struck down the Stay Free Alberta petition—which asked voters whether the province should separate—ruling the chief electoral officer should never have approved it and that the government failed to consult First Nations on treaty implications.

Justice Shaina Leonard found that a previous court decision had already determined that separation violates treaty rights. The government and pro-separation camp are both appealing.

Meanwhile, the competing Forever Canadian petition—asking if Albertans support the province remaining in Canada—sits in legislative limbo. Former deputy premier Thomas Lukaszuk collected over 400,000 signatures (exceeding the ~294,000 required), and wants his question put to a vote.

A select committee of four UCP and two NDP MLAs met Wednesday to decide what to do with Forever Canadian. Lukaszuk told CBC Radio the question is non-binding (it's a policy question, not a constitutional referendum), meaning Premier Danielle Smith could ignore it or hold a separate referendum herself—something she's been reluctant to do.

"If the premier wants to be a proponent, and wants to go into history books as the first premier in Alberta who has, by her own choice, put a question on separatism to Alberta referendum, she can do it," Lukaszuk said. "But she doesn't need me or anyone else to be complicit in that."

Speculation suggests the government may move Forever Canadian to an October vote. For Calgary residents watching Alberta politics, this unfolding legal and procedural drama reveals how complex the separation question has become—court rulings, treaty rights, parliamentary procedure, and leadership calculations all tangled together.