A trio of Alberta First Nations have applied for a judicial review of the decision by Elections Alberta to approve a petition on the province’s separation from Canada.
In an application, filed in the Court of King’s Bench in Edmonton on Wednesday, the Siksika Nation, Piikani Nation and Blood tribes are asking that the Citizen’s Petition Act, under which the province’s Chief Electoral Officer allowed the petition to proceed, be declared unconstitutional.
The First Nations claim the province had a constitutional duty to consult them on the impact of a referendum and it failed to do so, contrary to the rule of law, democracy and the protection of minority rights.
They also claim the Citizen Initiative Act, which was passed by Alberta’s UCP government, is inconsistent with sections 92 and 96 of the Canadian Constitution, which spell out the responsibilities and law-making areas of provincial governments in Canada.
The First Nations are asking that the courts declare the separation petition as “null and void,” along with reimbursing the First Nations for the cost of the court action.
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Earlier this month, the Sturgeon Lake Cree Nation also filed a legal challenge of the separatist petition in Alberta, arguing any move toward separation from Canada cannot proceed without the consent of First Nation and the province’s approval of the petition is a violation of treaty rights.
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In December, Court of Kings Bench Justice Colin Feasby ruled that the question being proposed in a citizen initiative petition by the Alberta Prosperity Project, was unconstitutional because it failed to guarantee First Nations rights.
However, the next day, the provincial government tabled legislation that prevented the courts from ruling on the issue and allowed supporters of separation to proceed with gathering signatures on a new petition.
In response to the First Nation’s request for a judicial review, Alberta Justice press secretary Heather Jenkins said:
“Alberta’s government recognizes and honours Treaty rights as recognized by section 35 of the Constitution Act, 1982. We have been clear that we support a sovereign Alberta within a United Canada. It is the democratic right of every Albertan to participate in a citizen’s initiative process and bring forward a petition asking a clear question for citizens to consider.”
The province said because the issue is before the courts, it wouldn’t provide further specific comments on the lawsuit.
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