Smith pledges to appeal judge's "anti-democratic" decision to quash independence petition
The ruling, issued Tuesday by Liberal-appointed Alberta Court of King’s Bench Justice S. Leonard, quashed the approval of a proposed independence referendum petition.
Author: Cosmin Dzsurdzsa
Alberta Premier Danielle Smith says her government will appeal a court ruling that blocked a citizen-led effort to force an Alberta independence referendum, calling the decision “incorrect in law and anti-democratic.”
The ruling, issued Tuesday by Liberal-appointed Alberta Court of King’s Bench Justice S. Leonard, quashed the approval of a proposed referendum question asking Albertans whether the province should become independent.
In the decision, the judge claimed Alberta failed to fulfil its duty to consult affected First Nations before allowing the citizen initiative process to move forward.
Justice Leonard also ruled the referendum proposal could not legally proceed under transitional provisions added to Alberta’s Citizen Initiative Act.
“The (Chief Electoral Officer) Decision is quashed,” Leonard wrote in the ruling, citing three grounds including purported errors in law and failure to consult Indigenous groups.
Speaking to reporters shortly after the decision, Smith said the ruling would deny “well over 300,000 Albertans” who signed the petition the chance to have their voices heard.
“Although our government does support Alberta remaining in Canada, we think that today’s decision by the court will deny opportunity to well over 300,000 Albertans to have their petition verified by Elections Alberta,” Smith said.
“We think that this decision is incorrect in law and anti-democratic, and we will be appealing it as a result.”
Smith also suggested the court ruling could have broader implications for national unity debates across Canada.
“What does it say about the fact that independence movements in Canada moving ahead? Is Canada a prison that you can’t get out of with any other means?” she asked.
The premier said cabinet and caucus would meet in the coming days to discuss whether the government itself should place an independence question directly on the Oct. 19 provincial referendum ballot using powers available under Alberta’s Referendum Act.
Constitutional lawyer Keith Wilson argued the ruling does not prohibit an Alberta independence referendum outright, but instead invalidates the specific citizen initiative process used by separatist organizers.
“My read of Justice Leonard’s decision: it does not prohibit an Alberta independence referendum,” Wilson wrote on X.
“The decision today points to a cleaner lawful route: the secession referendum needs to be initiated by Alberta’s Cabinet under the Referendum Act, not through the Citizen Initiative Act.”
Wilson added that the court made clear Alberta would need to consult First Nations before holding any such vote because of possible impacts on treaty rights.
The case stemmed from legal challenges launched by several First Nations, including Athabasca Chipewyan First Nation, which argued the referendum question threatened constitutionally protected treaty rights and should not have been approved without consultation.
The judgment also referenced the earlier Sylvestre ruling, which had already found a substantially similar independence proposal raised constitutional concerns.
The court ruling comes amid growing separatist sentiment in Alberta, fueled by frustrations over federal energy policies, equalization payments and tensions with Ottawa under Prime Minister Mark Carney’s government.
Under Alberta law, the cabinet has the authority to place referendum questions directly on the ballot without requiring a citizen initiative petition.
This will just push the separation question even harder. Liberal appointed judges standing in the way of democracy..... who would have guessed?
Thank you Justice S. Leonard. This will only add fuel to the desire to leave this corrupt system. Premier Smith said out loud what many of us have been thinking for years - "Is Canada a prison that you can’t get out of?”