Alberta files appeal on separation referendum court ruling
Premier Danielle Smith's government is challenging a judge's decision to throw out the separatist referendum petition, arguing the court made 14 legal errors.
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Alberta's government filed an appeal Thursday of a judge's decision to throw out a petition that would have forced a vote on the province leaving Canada.
Court of King's Bench Justice Shaina Leonard found the referendum petition shouldn't have been issued under provincial law and that Premier Danielle Smith's government neglected its duty to consult First Nations. In the appeal, the province says it plans to argue the judge made 14 errors in her decision—claiming the petition didn't trigger a duty to consult and that the judge failed to give weight to the democratic purpose of the process.
Smith criticized Leonard's ruling last month, calling it "anti-democratic," and promised to appeal. After the court decision, Smith announced Albertans would vote on a different ballot question in an October 19 referendum on whether they want to remain in Canada or start the process for a second, binding referendum on separation. She cited the judge's decision as the reason a direct separation question couldn't be added to the ballot.
The appeal was filed in Edmonton court and represents the government's formal challenge to Leonard's reasoning on both the petition's validity and the consultation requirements.