Alberta Court Upholds Review of Proposed Separatist Referendum Question

A judge has ruled that the constitutionality of the proposed referendum question from the Alberta Prosperity Project (APP) will undergo court review, despite the group’s efforts to dismiss this examination. The proposed question, which asks, “Do you agree that the province of Alberta shall become a sovereign country and cease to be a province in Canada?” is now set for legal scrutiny.

Last month, Alberta’s chief electoral officer, Gordon McClure, referred the APP’s question to the courts to determine if it violates constitutional principles. The APP, led by Mitch Sylvestre, sought to have this referral quashed, arguing that it was premature and an abuse of process. However, on October 26, 2023, Justice Colin Feasby of the Court of King’s Bench dismissed these claims in a ruling made during a session in Edmonton.

Justice Feasby emphasized the necessity of a full hearing to assess the proposed question’s constitutionality, stating, “It is not plain and obvious that the constitutional referendum proposal is constitutional.” He noted that the arguments presented by the APP were incomplete and shifting, and there was no opposing party at this early stage of litigation to provide a counterpoint.

The ruling also highlighted the importance of the Citizen Initiative Act, which aims to ensure a clear expression of the public’s will while addressing any potential constitutional concerns regarding the referendum.

Public Opposition from Officials

Both Premier Danielle Smith and Justice Minister Mickey Amery have publicly opposed McClure’s referral, indicating a significant divide between provincial leadership and electoral oversight. While Alberta government lawyers were present in court, they refrained from taking a position on the application to strike the referral. Additionally, lawyers for Elections Alberta did not present arguments regarding the question’s constitutionality.

Amery’s office stated it would provide further comments on the ruling later in the day. A date for the matter to return to court has yet to be determined, but Feasby indicated a commitment to expedite the process.

Rival Petition Underway

In a related development, McClure approved a competing petition led by Thomas Lukaszuk, a former Progressive Conservative Deputy Premier. Lukaszuk’s petition seeks to gather support for a different referendum question: “Do you agree that Alberta should remain in Canada?” This petition must meet a more stringent requirement, needing 293,976 signatures within 90 days, with an approaching deadline of October 28, 2023. In contrast, the APP’s initiative operates under newer rules, requiring approximately 177,000 signatures within a 120-day window.

Provincial legislation stipulates that any referendum question must not infringe upon constitutional laws and prohibits multiple questions on the same subject. As developments continue, the political and legal implications of these initiatives remain significant for the future of Alberta’s relationship with Canada.