Premier Danielle Smith is rejecting the ruling of an Alberta judge who on Wednesday quashed a separatist petition and says the province will appeal the court ruling.
In her written judgment, Justice Shaina Leonard ruled the petition should never have been issued because the provincial government failed in its duty to consult with First Nations and Alberta’s separation would be a violation of treaty rights.
Premier Danielle Smith, during an unrelated announcement in Edmonton shortly after the decision came down, called the court’s ruling incorrect in law and anti-democratic.
“I would say that it is a single judge who has made a decision, and we have now 700,000 Albertans — whether they’re on the remain side or the leave side — who’ve said that they want to have this public debate,” said Smith.
“Since we believe that this one is incorrect in law and anti-democratic, we will be appealing it.”
Smith said she’ll be meeting with her cabinet and UCP caucus to further review the decision and decide next steps.
“We want to hear from Albertans. That’s what we think democracy is.”
Lawyers for the Athabasca Chipewyan First Nation and Blackfoot Confederacy, made up of the Piikani Nation, Siksika Nation and Blood Tribe, took the Government of Alberta, the province’s Chief Electoral Officer and Mitch Sylvestre, who is leader of the Alberta independence movement, to court.
The province’s referendum process and its use by separatists, they argued, is unconstitutional because it does not include a requirement to consult with First Nations.
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 during a planned referendum this fall.
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Lawyers for the province have defended the process and pushed for the separatist petition to play out.
Neil Dobson, a lawyer for the province, argued in court that if a referendum passed and the province took steps to follow through, then a duty to consult would be triggered.
Wednesday’s judgment was preceded by a ruling from the judge last month when she paused the signature verification process for the petition while she considered the First Nations’ legal challenge.
On Wednesday, the judge said the provincial government, as the party that would implement succession, had a duty to consult, but no consultation occurred so “Alberta breached its duty to consult with the applicants.”
The judge also said “as a matter of logic and common sense, there can be no doubt that Alberta’s secession from Canada will have an impact on Treaties 7 and 8,” and, “it follows that the Chief Electoral Officer’s decision has a potential adverse effect on those Treaty rights.”
Reaction to Wednesday’s ruling was swift.
The lawyer for the separatist group Stay Free Alberta issued a statement on social media.
“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.
Elections Alberta also issued a statement, saying, “We are analyzing the decision and outcomes to determine what that means for Elections Alberta and citizen initiative petitions in progress, and will need some time to do that work.”
The premier has already outlined nine questions dealing with immigration and constitutional changes that will be asked during an Oct. 19 provincial referendum.
However, Wednesday’s court ruling means the possibility of including a separation question on the ballot remains up in the air.
The pro-federalist “Forever Canadian” petition was earlier verified, but an Alberta legislative committee hasn’t yet decided if the question asked on that petition — “Do you agree that Alberta should remain within Canada?” — will be put to a referendum or a vote amongst all MLAs on the floor of the provincial legislature.
Thomas Lukaszuk, a former Alberta deputy premier, spearheaded the “Forever Canadian” petition, which collected over 400,000 signatures and was verified by Elections Alberta officials in December.
–with files from The Canadian Press.
Who does Smith think she is, Trump?
So Smith and the UCP faithful clearly don’t care that this ongoing circus has no hope of ending in their favor. Any first year Canadian constitutional lawyer can tell you First Nations won’t lose this fight and any federally educated lawyer will tell you Alberta gets 0 oil if it, against all possible odds, succeeded to separate. This whole thing is a complete loser and they all know it. This will just cost you and me squandered tax dollars.
Ofcourse she does. She also drank horse urine to get over covid and other things.
Persist with this foolish indigenous bit and you’ll drive Alberta into the hands of the USA. The indigenous will lose their handouts and Alberta will at least have a chance.
Dani q doesn’t have a choice!
APPEAL = canned bananas
You antidemocratic c u nts that are against a referendum need to be shot in the head like the communist bast ards you are.
i sure hope Alberta separates form you bunch of weirdos . Canada has turned into a third world s***t hole
This would be the second time that she ignores the checks and balances of democracy in this situation alone, so it’s clear she doesn’t actually gaf about democracy
Danielle Smith is truly a slimy, power hungry, poor excuse for a politician.
Another upcoming notwithstanding clause from ms trump. What else is new. Obviously laws mean nothing to him/her…
For those that are still gullible about her “leadership”, she will wait to see which side is winning and then claim to have supported them all along.
The two faced game.
As Albertan parents have been saying, don’t send your kids to teacher’s college or med school under Danielle.
All Alberta’s money will be going to lawyers. For B.S. Smith causes.
Traitors in Alberta, royal pain you know where, too bad they don’t have a “premier”!
Stupid cnt just like her MAGA boyfriend turnip
If Alberta separates they’ll take roughly 81% of the oil which they own per the 1930 Natural Resources Transfer Act. I’m starting to think it makes sense for an Alberta to be at least mildly curious about cessation. Maybe it’s a good idea for them.
The way they treat fellow homosexuals appalls me so in a way I sort of hope they separate.
It’s not like it forces Alberta to separate anyways. If anything, it is simply a way to engage with Albertans and see if there is actually an appetite to formally separate. So to me, throwing out the petition was premature and just shows how misunderstood this whole thing is.
What else could we expect from a liberal appointed judge?
I BET YOU IF THIS DOESN’T PULL THROU YOU WILL NEVER GET VOTE AGAIN NOT FOR A VERY LONG TIME MAKING YOUR PARTY LOOK BAD AND ASHAME YOU TRUELY SOLD OUT CANADIAN THERE IS SO MANY FAMILY HISTORY WILL BE GONE LOST BECAUSE OF YOU LIKE THE OLD SAYING THINK BEFORE YOU JUMP
Since when are judges supposed to be democratic? Here I thought their job was to interpret and apply the rule of law, not listen to poparuty contests. I guess I was mistaken.
The descendents of the settlers trying to steal Alberta away from Canada the same way the settlers stole the land away from the First Nations people. Payback’s a b1tch ain’t it
anti democratic to ask the people that will be impacted by this decision? wow.
Stay in Canada! Why would you ever NOT want higher taxes, bigger debt, amazing inflation, unattainable housing, totally, totally, free health care, crack and opioid stations, free punjabi lessons, and and the worlds best education system, ever!
It’s a shame that the Alberta premier is in office. She’s clearly in with the separation of Alberta from Canada. If she wasn’t she would of congratulated our courts in squashing the anti Canadian people in trying to separate from Canada. So glad I never moved to Alberta.
This is how racism is progressed. One small group of people dictating terms to the masses. Oh wait, this is also how civil unrest starts. Good on you Canada. Let’s create unrest in your wallet.
Wow, as I read these comments I feel so compelled to vote no when the referendum comes…. it is so comforting to read how much the rest of Canada loves and respects those of us in Alberta… (sarcasm)!
Ironic. This from the same person who invoked the NWC to force teachers to go back to work instead of negotiating in good faith.
Whats anti democratic is you Smith. Notwithstanding clause. FO and resign.
Conservatives aren’t the smartest….had Alberta been part of nationalized oil and gas industry in the eighties Canada would have been an energy superpower. Instead they squandered every penny.
Well she is a reject. We need to send her back to the factory!
Undemocratic?….in a democracy the govt and petitioners have the right to appeal….cant have it both ways
AB Proud – oh you are so hard done by. Alberta has one of the highest stds of living and had wealth from oil. If you want to blame someone – blame your oil company execs and the province itself. Also stop bitching about Trudeau – realize you have to justify the investment in stickers and hats but that is very very very old now.
Another trump coc licker
Lol @ all of the f**king idiots that signed this petition. You actually thought you were going to separate and take all of CANADA’S oil with you 🤣🤣
If Smith wanted to hear from Canadians … where’s the Forever Canada petition that got its signatures before the rules were made easier and much sooner than the idiotic separatists did?
ALBERTA , LIKE OTHER CANADIAN PROVINCES, IS NATIVE LAND. NOT ANY PREMIERS. SO SHUT UP, DANIEL AND RESPECT ORIGINAL OWBERSHIP. THE TABLES – IF PURSUED INTERNATIONALLY – COULD TURN ON YOU.
YOUR IGNORANCE HIGHLIGHTS YOUR ARROGANCE.
Canada has treated Alberta poorly and kicked them in the teeth for decades. Albertans control there own destiny and is not up to a ln appointed Trudeau unelected judge.
Anti-democratic? How about being a traitor to your country? This is not the UNITED States or the European UNION. This is Canada. Who’s name derives from the Iroquois kanata, by the way.
It must be true, as she is the most un-Democratic Premier Alberta has ever had.
She’s a traitor to both Alberta and Canada.
The US doesn’t wnat Alberta, it want’s to rape Alberta.
comment section full of american traitors. How’s that working out for you you disgusting country hating pdophiles
the most privileged people on earth, whining about communism. Oilfield parasites. Absolutely disgusting. Kick them all out.
How is it that the native population, which is small compared to the rest of Canadians and since they want to be seen as better or different from Canadians in Canada, controls the Canadian government? Everything to solidify the land agreements and everything that is Canada happened ages ago, and these people have been getting handouts since then but now when there are issues between the federal government and the Canadians, the natives dictate on how the country is run? Screw them, what have they put into Canada? And i know people will try to defend them “this was their land first” “don’t be racist” but whatever, things are going bad for a lot of people, and the amount of people suffering in Canada is a larger number than the natives that want more money or more control over Canada.
What is more important, fellow taxpayers, neighbour’s, friends, and coworkers that are sleeping in their car or can’t afford to feed their families or some chiefs that live in mansions or an activist native population that is probably barely in the 4 digit range? Look at what your morals are and think on that
So some Albertans want separation….
Why would they want that?
Is it because of the atrocious governance of the Liberals for the last decade?
But no, you elbozos and your Trump comparisons is the only answer of course.
Go Ahead Danielle, traitorous Beeowtch, back your Seperatists. Alberta will need to come up with its own currency. Canada will set up Border Crossings and ensure your new documents are correct before you enter our country. You will also need to form your own government since you cannot use ours. All your citizens getting freebie Canadian govt. handouts like GST rebates, child care benefits, and the like will need to apply for benefits from your new country. Like the Queen told Harry – “you can’t be half in and half out” And by the way, Alberta doesn’t support all of Canada, last time I checked, BC has a superior mining industry, forrest and fishing industry than Alberta. Also, don’t ask BC for help the next time you have a major wild fire or some other natural disaster.
@PO AB.
Canada wants the $. If Canada loved AB as you say, why is it treated as a cash cow?
What about taking the striking rights away from teachers, giving 70% to private schools underfundjng public, killing our healthcare system, wanting to hire her own police force and picking on immigrants isn’t that not democratic?
No doubt she’s got something up her sleeve.
Also let’s not forget the “not withstanding clause”.
@Fred. You certainly can. No go out and get the required signatures to imitate a referendum question.
She’s like a female version of Trump…
Like it’s been said: recalls, notwithstanding clauses, referendums that are stupid….Danielle Smith loves spending all our taxes on lawyers.
She is such a seperatist.
So the rights of 300,000 MAGA wanna-bes greedy for that $500 billion bribe from Trump outweigh the rights of 300,000 indigenous people? But of course, this is Albertabama!
She’s a lying treasonous b.., no I can’t say that here!
Wake up Alberta. Canada loves you for being Alberta. The US wants you for your oil.
I wonder how she will feel when she is charged with “Sedition”
Elbows up Canadians totally roasting DS but forgetting this separation movement is because of the poor governance of Trudeau and now Careny. And these people have now voted for the Libs for the 4th time. They have no credibility.
Can the people of Alberta petition to have Danielle Smith removed as premier of the separatists. She is disrespecting the position as premier of Alberta.
Isn’t a referendum a symbol of democracy? The people speak. Not a Liberal appointed judge and a small group of people (First Nations) that have a vested interest. I am not pro-Separation and most likely it will lose. But let it proceed as such. Canada has become authoritarian under Trudeau and now Carney.
How come Danielle Smith does not know the history of Alberta. Does she not respect the history. What kind of education does she have?
She is the most anti-democratic individual in Alberta.
Alberta can shove its separatism. Its fascism. Just as much as the FN can and Quebec. I’m done.
I will stand and fight for CANADA!! MY CANADA!! United and whole and a DEMOCRACY! To hell with the f*scist media and its censorship! To hell with MAGA SMITH and her orange knees! To hell with Quebec and its rank lies and parasitical hold on MY CANADA! To hell with Ottawa and the FN!
The premier does what she wants.
Is she a lawyer or is she a traitor?
Yes one person can decide the law, not her!!
There are a whole lot of ignorant jackoffs with delusions of grandeur on here. To hear them Alberta’s next step is too hold it’s breath until it gets its way. 😂😂
This premiere is not acting for the Alberta people. It is time for law enforcement to do their job. Judges, please do the correct thing.
Finally! Some common sense. DS please quit wasting our time and money. Get on with the election promises you made; cost of living, affordable housing and healthcare. You have accomplished nothing.
Sorry to the racists posting their ignorance
When a small group of people decide what the people can or cannot do it is not a democracy anymore.
The indigenous dictating the demise of the democratic will of the majority should have never been agreed to by an Alberta court and would never be agreed to by the Court of Queens Bench or the Supreme Court of Canada.
History has shown time and again that citizens cannot simply VOTE themselves out of communist tyranny. Civil war is near.
And who exactly does she think she is?
How are this types even allowed run for public office?
And yet Quebec is allowed to vote frequently whether to separate……
The one thing in evidence is how utterly ignorant and backward these separatist losers are. Want to leave? Get going.
All this consulting is just FN’s way of procrastinating. I’d like to be consulted too with my tax dollars.
First off it’s not a government led and therefore need no consulting with indigenous led by government. What consulting do they need? It’s for having a referendum vote. Do we need to consult First Nations every time we have a federal election?
Lots of happy punjab lovers i see . Bend over !soon canada will be a third world s**t hole .u all can be so happy
F U C K THIS BI T CH !!! SHE NEEDS TO GO
You shouldn’t need anyone’s permission or consultation to hold a simple referendum. Those things occur later before any possible changes. The laws need revisions.
@Alex. This isn’t a criminal matter. Huge difference.
Hey, that’s great. Next time you’re convicted of something in court, just reject the ruling. You can do that. Who knew?
Did Quebec consult FNs in the two referendum they held about the question of separation?
Premier Smith the best Premier in Canada. The question of separation doesn’t lie with the FNs. They can vote like all other citizen’s when the election happens. Canada has become authoritarian under the Carney and Trudeau regime.
Can we please ditch this b!tch
Carney and his Liberal judges only approve referendum questions that they like. Like Trudeau said before “unacceptable views”.
Go to jail you separatist scumbag traitors. Angry Russian simps
Danielle smith is actually Donald trump in man’s clothes and wait is she even a women who is stupid then stupid itself, go back to where you come from you old hag.
“incorrect in law and anti-democratic”
Smith has NO understanding/knowledge of law and is normally the anti-democratic one in any decision that doesn’t match her opinion
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.
I agree with every anti trump,anti pee pee,anti Harper ,anti Alberta ,true red Liberal on this site.We need to replace Smith with a great Canadian Leader,someone who gets things done and is honest and hard working. And the perfect person to fill the position is our former P.M. Justin Trudeau and I know every Liberal here would agree. He guided us through Covid and did many great things until Pee Pee and MAGA drove him to leave.
I’m still walking around with my elbows up,tied them together with a string that goes over my head because my arms got tired but I will stand tall with P.M. Carney and fight the big bully trump and magazine pee pee
i post something on here liberal news don’t like it so its deleted f u to
It absolutely is anti-democratic. These private citizens have no duty implied or written to consult with any party to hold the opinions they do. Goes without saying that air-headed decisions like this only serve to embolden the seperatist movement…
Alberta is the ” KAREN ” of Canada.
Daniel Smith is no traitor, she is a pragmatist. She does not support separating but supports the right of Albertans to choose. Why the fear of the question? Either the majority want to separate or they don’t. What is wrong with asking and getting it over with?
So much misinformation in the comments! Absolutely mind boggling so many can be so willfully ignorant!
Smith is smart and just secured another majority Govt.FNs have no say and are irrelevant. She should buy them a bus ticket to BC
Smith and her merry band of separatists are determined to get their way by hook or by crook–mostly by crook since they can’t get the majority of Albertans to agree with them.
Most Albertans want to leave Canada. Tired of the corruption and cronyism under Trudeau and now Carney
FN can’t use colonial court system.
If Alberta managed to separate, half the residents would leave in time. Even now they can’t use the oil that geology and history has placed there, and it all needs to leave to be useable. All their transportation infrastructure, including pipelines, highways, power lines, comm lines, would still need to be connected to Canada. Alberta is not self-sufficient without Canada, and the US just wants their oil. Indigenous land rights will stop anything the separatists think they can want and could do. The world has experienced numerous energy transitions through time and has become richer each time as a result. Since you can write here, you can probably read: get educated.
Since when have First Nations cared about Canada? Total parasites in my opinion.
She knows she’s never getting reelected to any position ever again.
Some people just want to watch the world burn.
Great call by Premier Smith. Indigenous are self serving and selfish. They block the progress of Canadians that want to prosper.
Guess we no know Auntie Daniel is a separate Alberta supporter, instead of letting the courts do their job, she wants to appeal. Guess Auntie Daniel does not respect the Indigenous peoples as well. At least she has shown her true stripes ( which I already knew )
MAGA IS MENTALLY ILL
THESE PEOPLE ARE CRIMINALS AND THEY NEED TO BE BROUGHT TO JUSTICE
It’s time to put these scumbag traitors in JAIL
this btch is TRYING to destroy CANADA
What have FNs done other then block pipelines and rail and act like victims the last 100 years and make excuses about everything
Use the not-with-standing clause to over rule Leonard.
The judge is absolutely right, you know.
The premier is nothing but an activist.
The majority is behind you Ms Smith.
Democracy? What a load Danielle. Do you even believe yourself?
well if there was any doubt seditious smith wasn’t supporting the separatist party 100% she just proved she does and is going to use yours and my taxpayer money to fund this appeal for her handful of cons…100 years ago a stout tree and a good length of hemp would be well and rightfully put to use… stepping down dosen’t cut it any more
I’ve lived in Winnipeg, Minneapolis , Vancouver and now, Calgary. Alberta had the best whiners anywhere.
Nothing says democracy like trampling all over the indigenous peoples and wiping your collective ass with the treaties.
Of course she does. She’s allowed the far right extremists to get this far and has to give them a voice or else those same extremists will vote her out. She doesn’t speak for the majority.
Smith making sure Alberta is taken care off.
lol. Canada is scared if Alberta decides to leave. Maybe more respect is needed.
A Liberal Judge that was appointed by Trudeau. Cronyism at its finest.
She is delusional if she thinks Alberta can separate from the rest of Canada. The people can go bit the land stays. Close the door behind you Danielle as you go to Trumpland with nothing in your hands.
Is that Trump speaking ?
Is she going to Sue ?
Good luck on that im Canadian first big mistake trying to separate.
So what now. A conquered and colonized group of people who have added zero value to Canada now speak for the people.
Daniela can suck a d
@Cyndie. Quite the opposite.
There is no duty to consult. Same as there is no duty for an apartment owner who sells his building. There is a duty to uphold the treaties, same as the new apartment owner has a duty to honour the existing leases.
This judge needs to step down, or be pulled off the bench.
Danielle Smith has to go. Clearly, she has proven to us that she is not working for Albertans. She has her own agenda, she continues to destroy everything from healthcare, education, our environment and everything in between.
I questioned Smith’s legal understanding early on when she wanted to give a pardon to a street preacher for covid infractions. She thought she was a state governor rather than provincial premier, which have no such rights. Her lack of justice and democratic values is reflected on her heavy-handed use of the Not Withstanding Clause towards vulnerable children and also teachers advocating for students and work conditions. The UCP’s separatist cohort has done everything to enable a end run towards a seperation petion yet never once stood by in supporting Alberta’s place in Canada and suggest that the Maga adjacent sepeRats form their own party and run on that platform in the next election. That is the real democratic process to that outcome. The UCP government and this woman are unserious, incapable to the tasks they were elected and responsible for though they are very capable and manipulative con artists. They can be trusted to act as oil lobbyists, counted on to promote extremist right wing ideologies and anticipated to undermine the rule of law and norms, nothing more. The legal circus around seperation, not least of which is ignoring and denigrating indigenous rights as awarded by the Crown , makes it expected that a clownish premier like Smith would need to impart her wisdom.
Not surprised. nature shows us repratedly that parasites do not like being removed from a healthy host
I think what’s “anti-democratic” is the government quashing the Forever Canadian petition that had over 400,000 signatures.
Dr. Truth is not being truthful or accurate. That’s some really dishonest spin.
Why does this Lady think that she is above the law?
Alberta has a problem with being Canadian. Is it a power grab by Alberta’s politicians ? Because they sure don’t care about the rest of the country.
It’s a petition for a referendum vote. It’s called democracy for the people. It doesn’t mean that seperating from Ottawa would happen right away. It is a vote of the people and take it from there. You can vote no. Now you have taken that away all for one group. That is not democratic. You are not teaching your children to view the facts and make an informed decision, sounds like the current federal government that stifle’s your rights. Tax paying Citizens should have the choice to vote!
Alberta has land in it’s borders from 5 different treaties (#4, #6, #7, #8, #10). All but #10 were signed before Alberta existed. Consultation is a legal requirement.
More Albertans signed the Forever Canadian petition than this one. Ignoring it is undemocratic. She can’t have it both ways.
So we made a deal with the indigenous people many many years ago… now the indigenous people are not happy with the deal they made and now want their land back.
Is there a word for that?
Hmmmm….I do not recall Quebec needing to consult with the First Nations with their separatist referendum. Once again different rules for different parts of the nation. Western Canada needs to leave once and for all.
A contradictory and conflicting statement for someone wanting to undermine Canadian Democracy.
Sorry. Parasites and grifters don’t speak for Alberta.
Most Albertans would prefer to join the USA . Total no brainer
just let it go smith
Good on Smith. First Nations should have no say on anything as they can even take care of themselves
Is she more knowledgeable about the law than a Judge? A separatist politician is now playing Judge. That makes me laugh!
Smith should be charged with treason
Premier Smith is absolutely correct, because it is undemocratic.
Those 700 thousand Alberta separatists can gladly move out of this great country pack up head to the US. Bye bye but your not going to break down this great country !
Smith always protects Alberta’s interests. FNs have their own selfish agenda.
FNs think they should be “consulted on everything “. They have been conquered and are no irrelevant.
FNs can vote no when the time comes. They don’t get a veto.
..No doubt, Smith IS a traitor. Full Stop.
She is willfully ignorant
Your appealing it for nothing, you’re gonna lose. The only reason why, you wanna seperate is so you can be part of the US. Whats gonna happen when the democrats win, youre gonna wanna cry wolf and apologize because you should not have e done this in the first place. I for one would not want you back.
The people of Alberta must have a say if the province should or should not separate
Not some judge or indigenous people.simple Yes or No
Smart people know separation will hurt alberta through so many ways those wanting to separate should be realistic
Natives have no say in this.
give it up —-first nations are NOT to ignored as she thinks she’s got all the power— give it up and just do your job
A democracy has an independent court that interprets the law. They’re not wrong just because they don’t champion her agenda.
I believe if Alberta wants to separate from Canada they should get no further assistance from the federal government!
Smith believes she is the same as a MAGA Republican… above the law and has no obligation to follow a judges ruling. While I would never support NDP, she is doing everything she can to hand the province to Nenshi, which will kill Alberta in short order. Separation is the dumbest idea possible, yet she wants to pursue political suicide.
Her true colors show
Who does she think she is? Oh… Trump? Ignoring judges and breaking the law? Not in Canada. She has to follow the law and judges rulings just like the rest of us. No one is above the law.
Her dreams of being QUEEN are over !!!