Judge will continue to assess the Alberta Separation Question

Judicial Evaluation of Proposed Alberta Separation Referendum to Continue

A judicial assessment of a proposed Alberta Separation referendum will proceed after an attempt to dismiss the process and reject the question without proper examination was denied.

Court of King’s Bench Justice Colin Feasby emphasized in his ruling on Thursday that a thorough judicial review and hearing would enhance the democratic process and uphold constitutional principles.

“A referendum on Alberta’s independence, which could potentially lead to the dissolution of Canada, is a matter of grave importance,” stated the judge, acknowledging the valid arguments on both sides of the issue.

“The citizens of Alberta deserve a fair hearing to present their arguments effectively. Such transparency is essential for a functioning democracy.”

Alberta’s Chief Electoral Officer, Gordon McClure, referred the question to court last month for a determination on its constitutionality, including any potential violations of treaty rights.

The proposed question in contention is: “Do you agree that the province of Alberta should become a sovereign country and cease to be a province within Canada?”

The group behind the question, the Alberta Prosperity Project, recently sought to have the referral dismissed, but Feasby stressed that there is a high threshold for such actions and the arguments put forth by the group’s lawyer were insufficient.

“The attempt to prematurely discard the referral to court by the referendum proponents is baseless and does not serve the democratic process. It is crucial to ensure that unconstitutional questions are not included in the referendum,” remarked the judge.

Minister of Justice Mickey Amany and the Chief Electoral Officer have refrained from taking a stance on the application to dismiss the referral. However, criticisms have been raised by the minister and Prime Minister Danielle Smith, who believe that the question is constitutional and should have been approved.

Feasby commended McClure for following established protocols observed in other jurisdictions, underscoring the importance of maintaining impartiality in his role.

Jeffrey Rath, representing the Alberta Prosperity Project, expressed confidence that the question will withstand further scrutiny in the upcoming hearing.

“We are optimistic about the process ahead, which allows us to engage with Albertans on the merits of independence. We are committed to facilitating this dialogue and enabling Albertans to voice their opinion on the province’s status within Canada,” stated Rath.

The judge has scheduled a three-day hearing for November, with various parties expected to participate in the proceedings.

“It will be a challenging task to determine the participants, but it is imperative to have a diverse representation that can effectively present key issues before the court,” noted Feasby.

A lawyer for Amany indicated that the minister intends to provide submissions, while other groups, including the Athabasca Chipewyan First Nation, have expressed their interest in participating.

Opposition NDP Justice critic Irfan Sabir urged Smith and Amany to refrain from endorsing the Alberta Prosperity Project and its push for a separation referendum.

If the proposed question is ultimately approved, the Alberta Prosperity Project must gather 177,000 signatures within four months to proceed to a vote.

On a separate front, a competing referendum question, advocating for Alberta’s commitment to remain part of Canada, has already been approved by McClure in June. Efforts to collect signatures for this proposal, put forth by former progressive conservative deputy Prime Minister Thomas Lukaszuk, have commenced.

Lukaszuk, who is also seeking to intervene in the evaluation process, must amass nearly 300,000 signatures within 90 days to advance his proposal to a vote. He expressed satisfaction with Feasby’s decision to uphold the assessment, citing it as a triumph for democracy and electoral independence in Alberta.