An Alberta judge has quashed a separatist petition, saying the provincial government had a duty to consult with First Nations.
Justice Shaina Leonard says the petition should never have been issued.
Lawyers for several Alberta First Nations had argued the province’s referendum process and its use by separatists are unconstitutional, as there’s no requirement for Indigenous consultation.
They also said separation would violate treaty rights.
Lawyers for the province defended the process and pushed for the separatist petition to play out.
The separatist group Stay Free Alberta handed in its petition last week and boasted that it had nearly 302,000 names — well above its 178,000 requirement.
Premier Danielle Smith has said if the petition had enough signatures, the group’s question would be put on a ballot this fall.
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Last month, the judge ordered a pause on the signature verification process for the petition while she considered the legal challenge.
Athabasca Chipewyan First Nation and the Blackfoot Confederacy, which represents the Siksika, Kainai and Piikani First Nations, launched the case. They asked for the petition to be thrown out and an order striking down parts of the petition process.
Neil Dobson, a lawyer for the province, argued in court that it was premature to consult with Indigenous leaders about the petition, because the government wasn’t yet taking any action to take Alberta out of Canada.
“The collection of signatures and the ability to put forward the petition in the first place is really the commencement of that political discussion,” Dobson said.
He said that if a referendum passed and the province took steps to follow through, then a duty to consult would be triggered.
During the hearing, the judge questioned why consultation wasn’t done sooner, since First Nations have been sounding the alarm over the prospect of separation for more than a year.
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Ipsos poll finds support dropping for Alberta separation -
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Alberta premier Danielle Smith’s approval rating slips over handling of separatism, poll finds
Dobson said it was a policy choice and that the government was within its rights to wait.
Smith and some of her cabinet ministers have said they support a sovereign Alberta within a united Canada but also believe in direct democracy.
The lawyer for the separatist group Stay Free Alberta issued a statement on social media following the ruling.
“We disagree fundamentally with the decision which appears on its face to violate the principles of natural justice and contain numerous errors of law,” said Jeffrey Rath, who added that the group will be filing an appeal.
The premier has outlined nine questions dealing with immigration and constitutional changes for an Oct. 19 referendum, and a separation question going on the ballot was up in the air.
A pro-federalist petition was earlier verified.
Thomas Lukaszuk, a former Alberta deputy premier, spearheaded the “Forever Canadian” petition, which had just over 400,000 signatures verified by election officials in December.
With files from Global News
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Ipsos poll finds support dropping for Alberta separation -
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Tens of thousands of Jewish community members walk alongside allies in record-breaking 57th annual Walk With Israel -
![]()
Some Vancouver businesses frustrated over FIFA World Cup influence -
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Alberta premier Danielle Smith’s approval rating slips over handling of separatism, poll finds
I am a proud Canadian and I will not support separating from Canada! I will vote no for separating from Canada! An I always said from the start you have to get approval from the First Nations Alberta is treaty land we are lucky to be living here! I think despite not asking what the indigenous people’s think on the topic as well why would separate. There is a lot to be done if a province wants to separate and I don’t think anyone is thinking about that you have to support yourself financially economically. Alberta can not do that alone
God, I love reading comments on stories like these, really helps moves the workday along faster.
thank you mouth breathers!
But why do the indigenous get to reject capitalism? Why do they get to be free from having to pay for their cost of living? You think I’m privileged because I have to get up and go to work everyday? You think I agree with my government wholeheartedly and love paying my taxes for the wonderful rights they keep rightfully taking away from us? It’s absolutely astonishing how an ancestry or bloodline can literally make that difference.
This will get appealed and reversed. Worst case they use the Notwithstanding Clause.
A JUDGE that follows the L A W.
Hallelujah! Thank you Judge
So tired of special groups and special treatment. When will Canadians be treated equally without bringing up race or religious beliefs. We cannot live in the past but need to plan for the future. We will never be a functioning country without democracy. If Canadians no longer have a voice. What is the federal government doing? I guess trying to divide and cause civil unrest. You would think they would worry more about crime and money laundering but I guess special treatment for special groups has been happening for over a decade while elites get richer as well as the FN and the rest of the people can go homeless and just accept the government is taking away all rights and giving away land that was bought and paid for with hard work and sweat. Why not pay every Canadian the amount that First Nations get. I guess that wouldn’t work the government would have no one to tax and businesses would have no suckers to work. When will EVERYONE have equal rights? Our government decides who and what Country gets the money we Canadians pay in taxes, we have no say, the end of democracy. It is discusting that the Federal Government can decide to play with Pension money we have all contributed to to further their personal gains. Time to make our governement and the law accountable for their actions.
We no longer live in a democratic society. If the people cannot have a say we have no democracy First Nations could vote as well. Everyone has a right to vote. It is obvious that Ottawa and Indigenous groups run our country. Canadians no longer have any rights in democracy. If we have no say in democratic process we should not have to pay taxes.
How much more do these gready people want they’re still trying to rule us so maybe we should just stop paying them they just piss it away anyway we can build them a house and one drunken party will destroy it makes no sense.
Makes sense, parasites don’t like being separated from their host
Think it’s funny when people tell white Canadians to leave the indigenous to their land and we’ll just go back to Europe or w/e as through every country in the world isn’t overrun with Muslims. There’s really nowhere to go…
Well dang I understood their complaints but was firmly on the ‘remain’ side of things but a ruling like this makes me think heck, maybe they should secede
Can’t take a referendum??? Time for civil war then. Wipe out these anti-democratic n azis. F *uck these chugs and the eastern Canada liberals. Time to blow their f *ucking heads off.
wow just look at all the rascists, the FN were here well before you lot get over yourselves, if you dont like it leave go home or most likely go to the states and Im not FN
Just get a party that does nothing but care about Alberta like the bloc. That would guarantee more liberal government lol. Seperatism is is the seperation of mind from normal to redneck.
I have a few questions?? where were the FNs when canada gained independence from the crown back in 1983??? and what changed since then? And since we are independant from the crown … are the treaties even valid anymore?
What’s the problem? Let every damn one of them cast a vote. See what happens.
That’s how a referendum works. FN don’t like that.
the never ending complaining from FNs
You lost. Get over it and move on as most other ‘nations’ have. You have so much to offer but not through the rear view mirror of history.
Lysol Nation doesn’t get the final say.
If Natives want, they can vote No during the referendum. Not sure why these parasites get a veto.
This is bunk!! Favoritism etc.!! This will only make for more resentment against Aboriginals!!
Talking about welfare…trans mtn pipeline…34 million dollar job creation…Site C dam…another ” make work ” project…and on and on. Welfare comes in all shapes and sizes.
Time for the not withstanding clause to be invoked to set aside this whole FN intrusion and this idiot judges ruling. That judge should be dismissed. The FN chiefs are a bunch of corrupt activist grifters. In a Rebel News poll, FN people were the single largest percentage wanting to vote YES to Alberta sovereignty. They probably also want to get out from under the dictatorships of the corrupt chiefs.
How is that a violation of the clarity act? Even if a referendum question is successful, there are still legal requirements such as consulting FN. Canadians have no idea of how close Canada is to having its first civil war. Just give the Albertans what they want. Pipelines to all coasts.
Not surprised. Judges are just activists these days. Let’s just let the Last Nations run everything. We can start burning our front doors for firewood, and all work in casinos.
Reality is they just missed out on their best chance to negotiate a better deal. They’ve been crying about how unfair treaties have been since the first was signed and now they’re satisfied with it. So be it. Make them pay for their own water purification etc.
Alberta is more than welcome to join the USA. FNs are irrelevant and should do as they are told.
@Canada Strong.
Actually Canada is very weak at the moment We can thank Liberals and Elbows Up people like you.
If you want to be out of Canada, you’re all more than welcome to leave. Don’t let the door hit you on the way out.
The First Nations get to vote on the referendum just like everyone else. This decision needs to be tossed and democracy needs to decide what people want.
I am so G D tired of “First Nations”. How about they give their “free welfare cheques” back to the white man?
Right on!
If the anonymous continue to use the same vulgar rhetoric and identifier then I see no reason to make any distinction between them. They are certainly free to stand up and identify themselves.
Sean… don’t confuse one Anonymous with another….
Now anonymous is making unsupported claims and indulging in racism while claiming racism. Oh how well you goose step and support white nationalism. Which is the entire point of this referendum.
Oh im sure they will all be fine with it as long as they get paid out for it its time they stop milken the govt for money, I know for a fact the only reason any of these natives act like they care is because they want money more money uts all about the money. For any of the stuff they fight for as long as they get money they are ok with it if they really cared no amount of money would get them to settle what ever they are fighting for .
In what way am I misinforming people. Quebec’s right to hold a referendum to separate from Canada whet all the way to the Supreme Court. They ruled that as long as the question was clear and with a majority agreeing it was within the constitution. That ruling applies in Alberta as well. As I said I seriously doubt it would win but wat is the harm of asking so we all know where we stand, one way or the other?
It was never going anywhere…hype and drama. Dillusional positivity!!
Why is it still separate rights for certain citizens? Especially when they get so much a year tax paid funding from provincial and federal governments. If you are not indigenous or Muslim or immigrant you are the minority. Seems racist to me.
DARN IT! Now we’re stuck with all these Albertans! I demand an appeal!!! Everyone talks about freedom…what about BCs freedom from Albertans ?!
Anonymous you are misinforming people intentionally. Which doesn’t surprise me.
When you think about it, the federalist group has already won the popular vote. We gathered over 400000 votes and the separation group, who had more time and a lower limit, gathered around 300000. In my math that’s over 50% in favour of staying in Canada.
Just another way to keep citizens divided. There’s bigger fish to fry and it’s not in the canadian puppet shows.
Well Sean, I believe the Supreme Court of Canada ruled that a province has the right to ask the Question. What else needs to be said.
No anonymous. Democracy isn’t about the majority simply trampling over the rights and interests of all others. And there is no reason to think that this is the will of the majority. The Alberta government lowered the standard for this referendum question and then quickly made it more restrictive for other potential referendum questions. We have good reason to think that bad actors have violated many laws to further their cause. At the risk of safety to many people. Treaty rights, the constitution and the protection of minority rights do matter.
Why do so many fear the question? Have the referendum and see where the majority stand. I seriously doubt a separation referendum would pass but ask the question anyway.. that is how democracy works.
These guys are turds. Protect yourself judge. Report every incident of harassment because the septickists have no respect for the rule of law. WRath is one of slimiest slimeballs.
Rob Wise understands nothing about the constitution, treaty rights and difference between the crown and the government of Canada.
Treaty rights are not the product of some right wing nutters claim of Liberal judges. No a tiny minority of right wing nutters are not the voice of the majority of Albertans. Ignorance and rage aren’t intelligent positions.
Nothing stopping all of you separatist cool aid drinkers from moving to trumpland and enjoying the freedom you so desperately want.
Well that’s good.
Great verdict!
I believe that if these people that signed the petition are free to leave Canada any time they like. All they have to do is renounce their Canadian citizenship and leave, nobody would say they couldn’t leave.
And here’s another reason that Alberta needs to separate. Liberal judges giving rights to FNs above and beyond Canadians. 2% controls 98%.
Guess, why? Danielle Smith didn’t start this petition or support separation. She has always said that Albertans have the right to cote. Your saying she should resign over something that had nothing to do with her, speaks volumes. You obviously vote liberal as you don’t like or appreciate democracy.
im pretty sad right now. hopefully smith believes in democracy.
No Separation
The indigenous are living on Federal Government Crown Reserves. They are citizens of Canada however not legally citizens of the province of Alberta. They have no right to interfere with a legal referendum in Alberta. This is going to be a serious problem no matter what side of the independence fence a person is on.
NOWHERE in the Treaties does it say that the indigenous have the right or need for consultation on anything
FNs dont have a veto on everything on which they typically take no accountability on. They are a stakeholder yes, but not the final call either.
The traitor Smith should resign now.
Gee, another liberal appointed judge tearing down democracy in Alberta. This is a citizen driven movement that has nothing to do with our provincial gov’t.
The Supreme Court already ruled on the legality of a separation referendum and gave no specific powers to the natives to stop it. 50% +1 on a clear question was enough.
Near as I can figure teach taxpayer in Canada inputs about $3,000.00 per year to this group of freeloaders. Time to deduct that amount from your tax remittance!
Time for Canadians to stand up for what has been worked hard for!
Justice Shaina Leonard should be disbarred. In the past they would have been run out of town on the rails, tarred and feathered for being so anti-Canadian.
One has to base any decision on facts. I do not believe in separation, but the natives should not be deciding the issue. It is up to all Albertans, and a referendum would do just that.
I hope they win the appeal. We do not have to consult with natives.
Time to fix the root problem. fix PET’s mistake, and get rid of UNDRIP and the DRIPettes.
So proud of our first nations groups and the judge that saw through the UCP’s lies to consult them later! 100000000% the right decision!
Alberta can have the referendum regardless of what this court says… the Supreme Court already ruled on the legality of having a separation referendum back when Quebec had theirs and said that as long as the question was clear a 50% + 1 was enough.
Way to go first nations!! Now lets see if the Premier will actually listen to this judge or not. Or will she just complain that she didn’t get to appoint this one.