Premier Smith defends separation referendum as court battle continues

Premier Danielle Smith is defending her government's separation referendum against a court ruling that requires First Nations consultation before the October 19 vote, arguing that cancelling the plan would undermine the Citizen Initiative Act.

Court of King's Bench Justice Shaina Leonard quashed the referendum petition, ruling the UCP government neglected its duty to consult First Nations on the question.

Smith said Saturday on the radio program Your Province Your Premier that the court made a mistake. She argued that "duty to consult" is based on government action the government intends to take, not on testing public appetite for a conversation.

"The referendum is a testing of the waters to see if Albertans even want us to have this question, even start the process," Smith said. She added that a "no" vote would launch the legal process for a binding separation vote and that she needs to get "an indication from Albertans" whether they even want to have that conversation.

Smith said her government will continue to fight the decision in court because "it's a very dangerous precedent to be set that people are not allowed to have a say on a democratic issue."

During the same program, Smith said she will talk with her ministers about requiring stricter financial reporting among First Nations as a criteria for provincial funding.