A judge is yet to make a decision regarding the appeal to overturn a ruling that invalidated an Alberta separatist group’s referendum petition. The ruling under scrutiny determined that the Stay Free Alberta petition was improperly issued under provincial law and that Premier Danielle Smith’s administration failed to fulfill its obligation to consult with First Nations.
During the hearing for a potential stay of the ruling, Alberta Court of Appeal Justice Alice Woolley expressed unease with certain aspects of her colleague’s decision. Woolley specifically highlighted concerns about the interpretation of legislative changes to the petition process implemented last year.
Despite her reservations, Woolley emphasized that her concerns should not be viewed as an indication of her eventual ruling, characterizing the case as “very complicated.” The group’s lawyer, Jeff Rath, sought a stay of the ruling to allow Elections Alberta to validate the signatures on the petition.
The separatist group submitted its petition in May, asserting that they had gathered close to 302,000 signatures. However, the ruling was issued by Justice Leonard shortly after, before the verification process could commence.
The Stay Free Alberta petition aimed to prompt a direct referendum question on Alberta’s potential secession from Canada. Premier Smith referenced the ruling, along with the separatist petition and a pro-Canada petition boasting 404,000 confirmed signatures, as the basis for including a separation question in the province’s upcoming October 19 referendum. The referendum will ask Albertans whether they wish to remain part of Canada or opt for a future binding vote on separation.