A court has ordered a pause on a citizen-led petition seeking Alberta’s separation from Canada following a legal challenge by several First Nations across the province.
On Friday, Court of King’s Bench Justice Shaina Leonard ordered the petition process halted, preventing it from moving forward under provincial legislation.
The ruling means Alberta’s chief electoral officer cannot take further steps in the process, including certifying the more than 177,800 signatures Stay Free claims it has received, until the court issues a decision in related cases launched by Blackfoot Confederacy nations and the Athabasca Chipewyan First Nation. However, the ruling does not prevent canvassers from collecting signatures. The collection deadline of May 2 remains unchanged.
The decision came within 24 hours of oral arguments presented by the Blood Tribe, Piikani Nation and Siksika Nation.
In Justice Leonard’s decision, it was stated the issues raised are “serious ones,” noting they involve constitutional questions related to Treaty rights, the duty to consult and the Crown’s legal obligations to First Nations. The justice also found the First Nations presented evidence of harm caused by a lack of consultation, including impacts on Treaty relationships, and described those harms as irreparable.
The decision also does not allow certification or referral to Justice Minister Mickey Amery until the court makes a final decision.
In a statement, Blood Tribe officials called the ruling a significant legal victory and said they will continue to pursue legal action to stop the separation effort from infringing on Treaty rights.
Sturgeon Lake Cree Nation has filed its own challenge, specifically on the idea the province could split from Canada and sever constitutionally protected First Nations treaties.
Chief Sheldon Sunshine said in a statement the province is expected to follow the court order and not “move the goal posts on us” while the court deliberates.
“This has been a team effort mounted by our Nations, and supported by many Nations,” Chief Sunshine said. “We’re looking forward to the court’s final decision on this harmful process, set in motion by Alberta without any authority under our Treaty.”
The court cases are ongoing.
