A judge has decided to proceed with reviewing the constitutionality of a proposed Alberta referendum question on separating from Canada. The judge, Court of King’s Bench Justice Colin Feasby, emphasized the importance of democracy and the need for a thorough examination of the arguments. This decision came after Alberta’s Citizens Initiative Act allowed for the submission of a question for public voting if enough signatures are gathered within a specified timeframe.
The referendum question, submitted by the Alberta Prosperity Project’s executive director, Mitch Sylvestre, seeks to ask whether Alberta should become a sovereign country and no longer be a province in Canada. The judge expressed uncertainty about the question’s constitutional validity and rejected the argument that judicial scrutiny was premature due to the lack of guaranteed signatures for the ballot.
Feasby highlighted that provincial law mandates the chief electoral officer to refer such questions to the court at this stage to ensure legality before citizens vote. He emphasized the importance of early determination to potentially save time and resources, stating that democracy thrives on clear and accurate information.
Furthermore, the judge accepted the recommendation to appoint legal experts as “friends of the court” to provide insights on the constitutional aspects of the proposed question. Notably, the judge prioritized evidence from Indigenous interveners, limiting participation to those directly affected and able to demonstrate potential infringements on treaty rights.
Athabasca Chipewyan First Nation Chief Allan Adam expressed support for the judge’s decision, emphasizing the victory for Canadian unity. He urged government officials to focus on critical issues like healthcare and education instead of entertaining separatist sentiments.
If approved, the Alberta Prosperity Project would need to collect 177,000 signatures within 120 days for the referendum question. A competing question, advocating for Alberta to remain in Canada, also requires a significant number of signatures for consideration. Former deputy premier Thomas Lukaszuk, leading this effort, highlighted the importance of affirming allegiance to Canada without the need for petitions.
Overall, the legal proceedings are set to continue, with written arguments scheduled for submission to the judge. The judge aims to deliver a ruling before the end of 2025, underscoring the significance of a thorough and timely resolution of the constitutional issues surrounding the referendum question.