Can Alberta Still Separate? Experts Clash over the Landmark Court Decision | The Walrus

Alberta’s populist premier said a court decision was incorrect in law and anti-democratic and announced an appeal. The ruling put a petition to hold a secession referendum on hold. A referendum would require the premier to place the question on the ballot through a cabinet order. The decision followed an earlier ruling by Justice Colin Feasby that found a separatist petition unconstitutional and contrary to treaty rights. Despite attempts to prevent that outcome through late-night legislation and Bill 14, signature collection continued. Justice Shaina Leonard later ruled that Elections Alberta failed to consult First Nations who signed treaties with the Crown before Alberta existed when granting permission to collect signatures.

"We think that this decision is incorrect in law and anti-democratic, and we will be appealing it as a result."

"Leonard's decision has put a petition to hold a secession referendum in the province on ice. In fact, it's been put deep in the basement freezer beneath a crusty bag of Costco vegetables that's been there since the early omicron days. The only way there will be a secession referendum now is if Smith becomes the separatist pied piper and puts the question on the ballot herself through a cabinet order."

"The first was Justice Colin Feasby who, in December of last year, after days of hearing blustery arguments from separatist leader and lawyer Jeffrey Rath, decided that, actually, the separatist petition is unconstitutional and would contravene treaty rights. Smith tried but failed to head this ruling off at the pass, with some late-night law making designed to nullify any requirement that a petition question be constitutional."

"Hence the need for Leonard this month to continue Feasby's train of reasoning, ruling that the government (via Elections Alberta), in granting the petitioners licence to collect signatures, had failed in its duty to consult the First Nations who signed the Treaties with the Crown before Alberta was even a thing."

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