Alberta appeals court decision that blocked separation referendum
The province filed notice Friday challenging a ruling that quashed a citizen-led petition over concerns about First Nations treaty rights.
The day's top stories, food & events — every morning at 7. Unsubscribe anytime.
Alberta's government has filed an appeal of a Court of King's Bench ruling that effectively quashed a citizen-led petition calling for the province to separate from Canada.
The notice of appeal, filed in the Court of Appeal of Alberta on Wednesday, lists 14 alleged errors in the May decision. That ruling found the province failed to meet its constitutional "duty to consult" First Nations, who argued Alberta separation would infringe on treaty rights.
In its filing, the government disputes that issuing the petition itself triggered the consultation requirement. The government also challenges the original ruling's assertion that its citizen-initiative legislation "creates a rigid and inevitable pathway" to a referendum and implementation of results.
Petition organizer Mitch Sylvestre claims to have gathered over 300,000 signatures in support of the question, though Elections Alberta has not yet validated the figure. Sylvestre's lawyer has also filed a separate appeal and a stay application scheduled for hearing later this month.
Premier Danielle Smith has said the May ruling has broader implications for the province's citizen initiative process, arguing that imposing a consultation standard on citizens would be impossible to meet.