@nigelb.bsky.social:
The Court offers 2 main grounds for quashing the petition. One deals with the duty to consult (DTC) the other is that Justice Feasby’s earlier decision killed the petition & Bill 14 didn’t revive the dead parrot
It’s imp to deal with both grounds to avoid scapegoating First Nations.
@amirattaran.bsky.social:
Danielle can’t notwithstanding clause herself out of this secessionist shit pit she’s made. Aboriginal and treaty rights aren’t touchable with the notwithstanding clause, ever. She’s got to go to court and LOSE fair and square.
“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.
Such a sleazy liar. The stay petition and those who signed it require the UCP to vote on it, not Albertans.
@nigelb.bsky.social:
And one of the winning arguments (to the effect that the petition was a dead petition (killed by Justice Feasby) that could not be revived by the transition provisions of Bill 14) was an administrative law argument that didn’t need a First Nation applicant. But none of us stepped up. #abpoli I would have liked to, but would have had to hire a lawyer and after my years of terribly expensive experiences with lying backstabbing lawyers and lying judges, no fucking way. Thus why I am so grateful the First Nations did.
@drugdatadecoded.ca:
I hope non-First Nation Albertans understand what the First Nations in the province did for them here.Yup, I donated a big chunk when they first announced they were going legal, after I had already donated big chunks to others fighting cruel shit by Danielle. I scrimped on groceries and rarely drove anywhere to save on gas and maintenance costs to pay for it. What the First Nations did for not only Albertans, but all Canadians, is massive. I will never forget it. And, soon as I save up some more funds, I will donate more big chunks.
Honestly given that canadians can’t be trusted to manage geopolitical issues but Indigenous people have demonstrable clarity of thought then what exactly is the issue with pushing harder for landback and expansion of Indigenous rights?
@troyliss.bsky.social:
Worried it’s going to get extra-ugly now
@drugdatadecoded.ca:
Fair concern but like… those assholes are already on a racist rampage. Better to have non-FN people widely celebrating FN people as a form of protection.
@troyliss.bsky.social:
Good advice!
@amandalhu.bsky.social:
This part. Every settler needs to be defending Indigenous sovereignty and the obligation to honour treaties. Smith’s appeal and attack on “the rule of law” is most harmfully a delegitimizing of First Nations’ rights.
@safetyinnumbers.bsky.social:
I hope settlers recognize, feel really uncomfortable with, and rectify this:
Many in Indigenous communities face discrimination & structural disadvantages: disproportionate poverty, lack of representation, access block to education + healthcare, etc.
Yet STILL they are fighting to protect us all.
@laurieadkin.bsky.socialL:
Yes, once again–as with their resistance to the expansion of extractive industries (including AI centres and CCS pipelines). Not only do we owe them, but we had better figure out how to defend them against the racist backlash that this ruling is bound to trigger from the white supremacists.
@betterpensionsbc.bsky.social:
Share your sentiment entirely and would only add that Canadians outside Alberta should also understand what the First Nations did for us here.
Because the separatist BS is just part of a wider effort by fascist Russia + the Trump regime to destroy Canada.
@nigelb.bsky.social:
The Smith govt makes a habit of trying to resurrect the dead.
Whether that be a dead coal project – Grassy Mountain – declared dead by a joint review panel & the courts.
Or a dead petition. the APP (Sylvestre) petition – declared dead by a decision of Justice Colin Feasby.
@nigelb.bsky.social:
Interesting (but entirely predictable) to see how quickly Smith leans into attacking the judge’s decision as “anti-democratic”. But how could that be? The Court is simply (& importantly) discharging its constitutional role as one of the 3 branches of government. #abpoli
@jansplanet.bsky.social:
Brilliant analysis delivered with a wicked sense of humour!
“Do I think the driver is going to take any of these exits? No, I do not. She likes driving this bus. She’s pretty sure that the rowdies at the front of the bus would knife her if she pulled over. She’s probably right.”
@nigelb.bsky.social:
Love this, but want to note that while we shd celebrate the First Nation case, one of their successful arguments had nthg to do with Indigenous rights, it was simply that the GoA’s Bill 14 was defective
So all you separatists before you blame First Nations you can blame Smith for messing up! Ya, but, I bet Keith Wilson and Jeff Rath wrote bill 14 for Smith. If so, they need to blame themselves and that’s why they’re all so pissed.
This short clip below is excellent:
Jordan Leichnitz reacts to Danielle Smith calling Alberta judge’s decision ‘undemocratic’:
“She may not like it, she may wish to appeal it, and that’s well within her government’s rights, but it’s not undemocratic. And her choice there is to run down the very system itself.“
@middleaudio.bsky.social:
Smith’s language is obviously influenced by the style of the MAGA nut jobs, and their constant act of victimization. We will hear more of this, but I don’t think Canadians will welcome it, as much as they are betting on it.
This clip also excellent:
Sylvestre sells guns. Another separatist leader, Dr. Dennis Modry, reportedly stole more than $1.2M from his family members with dementia and to the best of my knowledge, has not heeded the court’s order to pay them back. Slimy separatists, fitting that they’re led by Queen of Corruption, Danielle. I sure as hell reject them as leaders.
Court Finds Separatist Leader did Elder Abuse, owes over $1 million
Modry on the left, with Sylvestre and Smith (always wearing that fake stupid smile, identical in every smiling photo)
Are these job losses because of the separatists making it too risky a place for the rich to do business?
@sashafury.blackskycomra.de:
Danielle Smith: We just need to let this separation petition play out legally.
Also Danielle Smith: No, not like that.
Premier Danielle Smith is rejecting the ruling of an Alberta judge who quashed a separatist petition and says the province will appeal the court ruling.
Democracy does not mean that laws don’t matter if some people don’t want them
I’m glad this petition was shut down, and I’m even more glad that it was shut down on grounds that it violated commitments and treaties with First Nations.
It’s shameful that Smith kept defending this petition while simultaneously pretending she was being impartial and simply letting it play out.
@phosphophyllite0.bsky.social:
I mean that is how her entire government operates
@noncompliant.myatproto.social:
Alberta’s foreign-funded separatist stooges get handed yet another un-alloyed (and at this point, possibly terminal) blow to their dumb-assed shenanigans. Huge implications for the gravel-pit based food-truck industry if no-one else..
(Jason Kenney can still go fuck himself, by the way.)
Alberta separatists eat shit (someone print this out and read it to them)
(someone print this out and read it to them)
@journodale.bsky.social:
The court gave Danielle Smith an off-ramp for the referendum, and she is rejecting it.
Of course she is. She is not fit for office. #PnPCBC
@mlm7.bsky.social:
Her political survival is 100 percent attached to the assorted separatist factions in Alberta. She is a special interest group premier. She has to go
@jryerson.bsky.social:
She built her base with the separatists, she can’t win no matter which way she goes ergo following the Republican road map she plays with election voting.
@islandlifevanisle.bsky.social:
Premier Fifth Column won’t stop until the secessionists win.
@globalcatastrophe.bsky.social:
Correct, but most Albertans love her and her fascist party.Yup. Albertans, notably rural, are largely Nazi, and they control the vote. Their hate feeds them to levels of stupidity I’ve only seen in American and Canadian MAGAts
@thebreakdownab.bsky.social:
BREAKING!!!!
A judge has ruled that the Elections Alberta CEO’s issuing of the separatist petition was a violation and the decision to issue that has been quashed.
The push to have an illegal petition has killed itself!
@lorewren.ca:
The extremists know where everyone lives, I hope that there is no violence that comes out of this.
@naheednenshi.bsky.social:
This referendum violates treaty rights, it will cost Albertans hundreds of millions of dollars, and is now tied to serious public safety concerns thanks to the largest data breach in Alberta’s history.
Nobody is above the law – certainly not this Premier or this separatist government.Except Trump, Putin, the oil and gas industry, notably aquifer frac’er Encana/Ovintiv, white male lying lawyers, etc. etc. etc. are above the law, and arrogantly so.
@tindizzy.bsky.social:
Make it so. Ride the authorities’ asses. Please. We can’t go on like this. It’s just straight-up insanity. The rule of law must be supported and enforced. Enough already.
@unraveledlissa.bsky.social:
Until Albertans see real action that punishes the current government and all the people responsible for and/or complicit in violating our privacy rights then these are just words.
@jaredwesley.ca:
Entirely predictable.
This was the endgame: give the appearance of collecting signatures. Whether or not you meet the threshold (legally) matters little if they’ll never be counted.
Then pressure the premier to call the vote.
Will the premier call the big bluff?
Keith Wilson is/was a Fucker Trucker lawyer with phenomenally weird views, including about law, and is not honest in my view. If Smittie does as Wilson says above, the will-be-harmed First Nations will sue again, and win, again. “In case.” Douche fucker, he knows Smith will do what the separatists order her to do. And, if there is a referendum vote, and Albertans vote no, and Musk does not interfere to screw Albertans, she’ll ignore that vote and still do what she’s ordered to do. She’s owned, like a rancher owns cattle selling them off to slaughter to pay the bills, and has the most fake smile in Canada to prove it.
@journodale.bsky.social:
“In case Treaty/traditional rights are affected”?In my view, the separatist KKKlan is too racist to accept they have rights.
Way to miss the whole point.
@prairies.bsky.social:
Narrator: In fact the premier will not call this bluff. The premier does not pose w Thomas re his representing 400k Albertans nor will she take the vote inside the Legislature nor mention the democratic rights of 400k citizens being ignored. The extortion will continue along w their data base grift
@camusorbust.bsky.social:
I saw cars with flags during the signature “blitz”. No one stopped, that I ever saw, and I was watching. I conclude this has the appearance of a petition, but is it.
@markusoff.bsky.social:
HUGE: Alberta judge quashes the separatists’ referendum petition, in major victory for Athabasca Chipewyan First Nation and Blackfoot confederation.
Justice Shaina Leonard: “the Crown failed to meet its duty to consult”
This basically kills 301,000-signature petition separatists delivered to Elections AB to force referendum on independence.
Premier Smith could still call referendum as gov’t act, like separatist groups want her to. But lack of Indigenous consultation would still be problem.
Athabasca Chipewyan lost, but another First Nation, Sturgeon Lake, lost its bid for an injunction against the petition.
But that doesn’t really matter — and the victory was a judicial review, a final decision.
Could be appealed though, I guess
@slightlycaustic.bsky.social:
That the courts in a final review have squashed the petition despite not winning an injunction because lack of consultation with the First Nations is how it reads to me.
@jaydradawn.bsky.social:
Judge did them a favour. We’re all trying to do those separatists a favour. Like telling a child they can’t drink radioactive bleach.
@freeworld99.bsky.social:
Did you see Danny’s interview. She was big mad and had trouble hiding in.She’s cooling her fury, naked, in the tub above with her foolish
@sgccgs.bsky.social:
I’ll believe it when I see it fully canceled publicly. Dumpster Dani and her band of country haters won’t go away that easily.
@tindizzy.bsky.social:
No. They sure won’t. These creeps don’t care about the law. They take what they want come hell or high water. They’re incapable of taking an ‘L’ graciously, with dignity, saying “Oh, well. We tried,” and moving on.
Goodness knows they’ll be ramping up their targeting and harassment campaigns, too.
@lukaszukab.bsky.social:
An Alberta judge has just struck down a petition for an independence referendum in response to a legal challenge by First Nations.
We may never find out how many signatures separatists really got, but their question will not go forward.
Premier Smith has some decisions to make.
@calgarycanuck.bsky.social:
This decision guarantees that Danielle Smith will say the courts are interfering in “democracy” and use it as an excuse to put separation on the October referendum ballot. Meanwhile she will continue to bury the Forever Canada petition.
@shadowpages.bsky.social:
If she puts it on the October ballot, it will be challenged on the same grounds.
@pennerconnie.bsky.social:
No wonder she wants to own the judges, HeeHeeSmith is a fake christian racist antitrans cruel Nazi, lots of those around
@cooks-8.bsky.social:
Sharty up north is gonna have a stroke
@krismorris.bsky.social:
Either Smith puts the question on her own during her racsist referendum this fall or she will be replaced as UCP leader.
@charlieangus104.bsky.social:
The courts have quashed the extremist referendum to break up our country. Danielle Smith knew this referendum wasn’t legal.I believe EA and the separatist lawyers knew/know too. And they know Smith can’t use the not withstanding clause to kill these rights
The Crown signed treaties with the First Nations 30 years before Alberta was created.
First Nations will defend their rights.
Will Smith back down or burn the house down?
@samspade1941.bsky.social:
Canada’s First Nation groups love and support Canada.
While the white supremacist Nazis hate Canada and want to break it up.
@fluxliner.bsky.social:
This IS Correct.
@comeoncomet.bsky.social:
I fucking loathe these goddamned morons. They don’t know shit about shit… just a bunch of loser sheeple.
@brokwindsor.bsky.social:
Yep. I grew up in rural Alberta. I’ve known these separatist assholes my entire life. They drive $100K trucks while whining how hard done by they are. The entire separatist movement is fuelled by greed, racism and imaginary grievances.
@sharonrmecfs.bsky.social:
She ya a separatist to the core.
She relates to:
-MAGA
-Florida & Texas
-Noem & DeSantes
-white Christian nationalists
-Israeli-Russia mob comes first
Ask her about Republican Governors committee for North America energy security who’s Chair Landry was tasked with annexing Greenland Dec 21/2025.
@strandjunker.com:
In history class, I never understood how “advanced” civilizations could collapse. It just didn’t seem plausible.
Anyway, I’ve seen enough. I get it now.
@slightlycaustic.bsky.social:
The separatists petition is dead!!! According to our courts, But Alberta still isn’t safe because Danielle smith has said she will ignore the courts direction as she thinks she is a queen when we all know she is a jester.
@lukaszukab.bsky.social:
An Alberta judge has just struck down a petition for an independence referendum in response to a legal challenge by First Nations.
We may never find out how many signatures separatists really got, but their question will not go forward.
Premier Smith has some decisions to make.
@spikecoville1.bsky.social:
Will the separatists try the Supreme Court? or is that in the pocket for the first nations and other Indigenous groups in fighting this separation nonsense?
@johnnyehm.bsky.social:
The Separatists are confident this will be overturned by the US Supreme Court.
@thurstonnuggsiv.bsky.social:
Pretty much.
They’re not our best or brightest, but they are perpetually angry and aggreived.
@vee40below0.bsky.social:
Headlines from the Future, Today! This from a couple of days from now…
“Danielle Smith proposes new legislation to allow separatist petition to proceed.”
@destry66.bsky.social:
….there is no way at least half of those signatures aren’t fraudulent. They very likely used that data leak to pad it.
@captainconstance.bsky.social:
This will cause separatist assholes to attack First Nation People, as in more than the presently do (which is a lot).
@spikecoville1.bsky.social:
The RCMP better be busting the skulls of the racist assholes too.. they’ve done enough damage already to the indigenous communities..
@captainconstance.bsky.social:
The RCMP are racist assholes too
@yknot05.bsky.social:
Glad for the decision.
But as long as Smith governs as an authoritarian figure and makes laws that HER view of the world is the only legal one, there’s no justice system NOR legal system in Alberta.
Smith Law.
Not Alberta Law.
Not Canadian Law.
The law of one woman who makes HER decision final.
@pdawkins.bsky.social:
Treaty rights are not to be disregarded or trampled at whim, yet some of the worst people imaginable backing this “petition” don’t care.The separatists and Smith hate anyone not white christian or fake christian man-woman baloney, thus why they don’t care and violate our rights. I am impressed with the courage of J Leonard, notably given the data theft by asshat Parker and American military boy, Cam Davies
This ruling should bring an end to this separatist nonsense, which may as well be a foreign psyop. Enough is enough. Wake up, Alberta.
@jimmycraig42.bsky.social:
First Nations keeping our country together
Decision to approve Alberta referendum was ‘unreasonable,’ judge rules
@lookupkipp.bsky.social:
Smith is not a gracious loser. Some were musing she may try to invoke the Not Withstanding Clause for the 5th time. She can’t, not with Treaty Rights, she can however blow her rage and wanting to use it, up her (and Parker’s) assWhatever the blowback, today I am celebrating the judge’s ruling.
@emmettmacfarlane.com:
The only logical reason for Danielle Smith to react like this would be if she were a separatist.Or, she’s farming rage and hate to divide and conquer Canada, like the Fucker Truckers, to make it easier for Trump to take Canada to give to his bestie poodle handler, Putin.
Therefore, either Danielle Smith is insane, or she is a separatist.
@markusoff.bsky.social:
Premier Danielle Smith says government will appeal too, questions judge’s legal reasoning and says it’s “antidemocratic.”Smith is not a politician, she’s a rage farmer
And will talk to cabinet about next steps (i.e. calling referendum as government).
Wants the petitioners’ voice to be heard.
@amirattaran.bsky.social:
Oh Lordy, PLEASE let them appeal!
The First Nations will win again, obviously, and then there will be an appellate court decision hobbling secession referendums!
Vous comprenez bien, Québec?
@markusoff.bsky.social:
Stay Free Alberta intends to appeal the decision quashing their referendum petition.
Don’t know if that could be heard by Oct 19, separatists’ hoped-for referendum day
@amirattaran.bsky.social:
The Alberta separatists are so looney tunes that, in court, they are a gift from God to the other side. And when they go down with the ship, they take the BQ and the PQ with them. Awesome!
@amirattaran.bsky.social:
This is a fatal blow to secession, now and forever.
For the constitutional duty is to consult AND ACCOMMODATE First Nations, so even if Alberta did now reboot and consult, how would they get over the second hurdle next time? Impossible!
As for the separatists, they are quite simply the worst Canadians, and I for one am delighted that the First Nations they treat with racist contempt served them a giant bowl of shit in loser sauce.
1812 Vibes Again: When Canadians tried to destroy Canada, it was Indigenous people who saved it.
Very clear lesson: Do not fuck with Chief Allan Adam of the Athabasca Chipewyan First Nation or you will find out. And yet, fools still do.
First Nations win legal challenge of Alberta separation referendum, leaving vote up in the air by Jonny Wakefield, May 13, 2026, Calgary Herad
While Alberta Premier Danielle Smith said her government would be appealing, Opposition NDP Leader Naheed Nenshi said it means there will be no fall vote on separation — unless the UCP government itself chooses to put forward the question.
An Alberta judge has thrown out a decision by the province’s chief electoral officer to issue a petition for a referendum on provincial separation, heaping uncertainty on the possibility of a fall independence vote by way of citizen initiative.
Athabasca Chipewyan First Nation and three Blackfoot Nations on Wednesday claimed victory in their legal challenge of the referendum after Court of King’s Bench Justice Shaina Leonard quashed the decision to issue a citizen initiative petition on Alberta independence.
Leonard found the provincial government failed to meet its constitutional “duty to consult” First Nations, who argued Alberta separation would infringe on treaty rights.
“We are pleased to say that in all proceedings the First Nations were successful,” lawyer James Shields said in an email.
The decision, issued Wednesday afternoon, had many scrambling to figure out what happens now.
While Alberta Premier Danielle Smith said her government would be appealing, Opposition NDP Leader Naheed Nenshi said it means there will be no fall vote on separation — unless the UCP government itself chooses to put forward the question.
“This is a big deal,” Nenshi said. “The government cannot have a separatist referendum this fall, period. They cannot do it without defying the law, without defying the courts, and without knowingly doing something that is illegal. And guess what? The notwithstanding clause cannot save her here.”Smith and her separatists don’t give a shit about the law, or the rights of others, only the rights of their selfish fuckwad stupid selves.
Nenshi argued a government-led referendum would face its own legal challenges, “and based on the precedent we’ve seen today, they cannot do it.”
“It’s time to put your ego on the shelf,” he said to Smith. “It’s time to cancel the referendum.”
Separatist lawyer Jeffrey Rath slammed the outcome.
“We disagree fundamentally with the decision which appears on its face to violate principles of natural justice and contain numerous errors of law,” Pfffft Mr. Rath! You lie too often to believe anything you say, notably on matters of law and rights he said on X. “We have been instructed to prepare and file the appropriate appellate documents.”
@rbulnes.bsky.social:
“… she will be appealing…” emphasis on “SHE”@nanalexi.bsky.social:
Why doesn’t she just accept that the land belongs to the Indigenous Peoples. Good luck on that appeal@white-fire.bsky.social:
With all her legal challenges PUBLIC MONIES we could’ve had the AISH recipients keep their $200 Canada Fed Benefit AND gave the teachers their well deserved raises…@veecowl.bsky.social:
While she “supports” Alberta staying in Canada, she wants to a appeal a judges ruling to keep Alberta staying in Canada…makes perfect sense…
Speaking to reporters late Wednesday afternoon, Smith said the UCP government supports Alberta remaining in Canada, but argued the court “will deny an opportunity for well over 300,000 Albertans to have their petition verified by Elections Alberta.
“We think that this decision is incorrect in law and anti-democratic, and we will be appealing it.”That’s the sick justice of it, it IS democratic. Smith is anti democracy like her boss Harper, and his Nazi IDU, as is little liar Parker, and their unconstitutional petition. All Smith and her separatists are good at, is lying and farming rage.
Smith also said she will consult with the committee reviewing former deputy premier Thomas Lukaszuk’s federalist Forever Canadian petition. The committee is reviewing whether that petition, which collected 404,000 signatures, will go to a referendum or force a vote in the legislature on separation.
‘No consultation occurred’
Leonard’s decision — 37 pages of technical administrative law — deals with chief electoral officer Gordon McClure’s December 2025 decision to approve the initiative petition sought by separatist leader Mitch Sylvestre.
McClure, an independent officer of the legislature, issued the petition after the courts shot down Sylvestre’s earlier referendum proposal. McClure had asked the courts to review the question under the Citizen Initiative Act, which at the time contained a provision allowing the courts to weigh whether a referendum question was unconstitutional.
In that case, Court of King’s Bench Justice Colin Feasby ruled that Alberta’s initiative laws do not allow for a citizen-led separation referendum, given the impact on treaties.
In response, the Alberta government approved Bill 14, which removed the constitutional screening provision from the act despite Feasby’s protests. Sylvestre later reapplied, and McClure approved the second petition on Jan. 2 giving separatists until May 2 to collect signatures from 10 per cent of electors in the last provincial election.
Separatist leaders claimed they surpassed the 177,732 signature requirement in late March.ya, but who but the separatists believe what they say?
During hearings last month, lawyers for the four nations argued Alberta separation would violate treaty rights, allowing them to hunt, fish and trap as they did before Canada existed by imposing international borders on their territories. They also argued the provincial Crown breached its duties to consult First Nations and behave honourably in negotiations.
A key question was whether the Citizen Initiative Act required the Alberta government to implement the results of a referendum — in this case, beginning negotiations to leave Canada.
Leonard found that based on the legislation, the results would be binding.
“The (chief electoral officer’s) decision triggers the subsequent steps that bind government to implement the results of a referendum,” she wrote. “In other words, the legislative scheme requires me to assume that the government is required to implement the results of a referendum on succession.”
“Given the findings (from Justice Feasby), and 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.”
Leonard said the duty to consult First Nations began with the chief electoral officer’s decision to issue the petition — not following a “yes” vote, as the Alberta government had argued.
“The amended Citizen Initiative Act put in motion a series of required steps that engaged the duty to consult with the (First Nations),” she said. “No consultation occurred. Alberta breached its duty to consult with the applicants.”
Sturgeon Lake loses case
Meanwhile, a northern Alberta First Nation whose case was heard at the same time lost its own legal challenge.
Leonard issued her decision Wednesday in the case of Sturgeon Lake Cree Nation, which had asked the court to stay the amendment to the Citizen Initiative Act that removed the provision allowing courts to screen whether questions are constitutional.
Leonard found that while Sturgeon Lake raised “serious issues” in its claim, it had not proven it would suffer “irreparable harm” if the court does not step in.
First Nation lawyer Orlagh O’Kelly claimed the nation lost on a “technicality” — that there was no link between the separation petition and the racism, information and foreign interference the nation claimed as harms.
“We are obviously disappointed with the outcome and are reviewing the decision to see what options are available,” she said in a written statement. “However, this decision was about citizen-led referenda and it does not change my client’s legal position on the next steps, that the province of Alberta cannot unilaterally call a referendum to end the Treaties they are not a party to.”
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Judge quashes Alberta separation petition in favour of First Nations by The Canadian Press, May 13, 2026
An Alberta judge quashed a separatist petition Wednesday, saying the provincial government had a duty to consult with First Nations.
Justice Shaina Leonard said 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.
“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,” Leonard wrote in her decision.
She said a bill that Premier Danielle Smith’s government passed in December to amend the citizen-initiated referendum process “put in motion a series of required steps that engaged the duty to consult.”
“No consultation occurred. Alberta breached its duty to consult with the applicants,” the judge said.
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.
Smith had said if the petition got enough signatures, the group’s question would be put on a ballot this fall.
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.
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.WTF is “direct” democracy? Democracy by separatist Smith shitting on the rights of all those not her separatists?
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.
@jonnywakefield.bsky.social:
First Nations win legal challenge of Alberta separation referendum, leaving vote up in the air
We’ll be updating this as everyone sorts through what exactly happens now
No referendum required: Pro-Canada petition can be voted on by Alberta MLAs, committee hears, Speaking to reporters after the meeting, Lukaszuk said he is convinced the UCP government will put the question to a referendum, despite him explicitly saying he wants it to be voted on in the legislature by Cindy Tran, May 11, 2026, Edmonton Journal
Alberta’s chief electoral officer and a former judge told a special committee of MLAs overseeing the Forever Canadian citizen petition that the decision on whether or not to hold a referendum is up to them.
Both Gordon McClure and former Supreme Court Justice Russell Brown told the committee of MLAs the petition in favour of Alberta remaining in Canada is not a constitutional proposal and is a policy proposal. This means the question does not have to be put to a referendum and can be voted on by MLAs in the legislature.
“The only option available for Mr. Lukaszuk’s petition was as a policy proposal due to its content,” McClure said.
“The proponent does not get to decide what happens in the event the petition is successful.”
The Alberta NDP brought forward several motions, including inviting the proponent Thomas Lukaszuk to speak and setting a date for the next meeting, but were shut down.
Speaking to reporters after the meeting, Lukaszuk said he is convinced the UCP government will put the question to a referendum, despite him explicitly saying he wants it to be voted on in the legislature.
“It is just unfortunate that our premier, our government and duly elected MLAs just don’t have the fortitude — frankly, don’t have the guts to stand up in the chamber in the legislature and declare whether they’re separatists or not,” Lukaszuk said.
Nixon asked multiple times during the meeting to confirm the wording of the petition. He asked if there was any language in the petition that indicated to signatories that they were asking for a vote in the Alberta legislature.
He further stressed the wording of the application, which contains the word referendum.
“We believe the majority of Alberta residents are loyal Canadians, opposed to any form of separation. Therefore, we, represented by the signature and applicant below, propose a referendum on the following question,” Nixon said, reading out the application.
Elections Alberta responded by saying the petition requires the proponent to provide reasoning separate from the question.
Alberta NDP deputy leader Rakhi Pancholi criticized the government for ignoring the voices of the Albertans who signed the petition. She said the UCP is “clearly afraid” of Lukaszuk after denying his presentation before the committee for a second time.
“The UCP is ignoring Albertans over and over again, but here’s the thing, they’re afraid of a vote in the legislature, the UCP are terrified of going on the record about whether or not they support Alberta remaining in Canada,” Pancholi said.We know.
Chief electoral officer denied three per cent increase
In a later meeting, McClure went before a second committee requesting a three per cent salary increase, saying with the 28 recall petitions, investigations, upcoming October referendum, provincial election and ongoing citizen-led petition, he has been stretched thin.
“I am not asking for the full amount of what the salary would be, but to recognize that I have gone above and beyond in trying to meet the needs of the citizens of Alberta and yourselves,” McClure said.
McClure accepted the role as Alberta’s chief electoral officer in November 2024. At the time, his salary was 25 per cent below the scheduled amount. McClure said the decision was made because he had more to learn.
The UCP held the majority and defeated an NDP motion to give McClure a six per cent salary increase. In a motion put forward by UCP MLA Nolan Dyck the committee voted to adopt a compensation strategy for the officers of the legislature, which is tied to the Alberta public service seniors officials’ former salary range. The motion passed unanimously.
UCP MLA and committee chairman Brandon Lunty said McClure’s request would’ve been double the adjustment. He said McClure will be receiving a raise just under 4.2 per cent. According to the Elections Alberta website, McClure currently makes $138,381.
“All of our legislative officers are receiving a pay increase. This was an adjustment that was approved in the fall, but we passed a motion at committee today to bring that forward,” Lunty said.
McClure said everything he is dealing with is within the legislation, however, historically, recall petitions, citizen-led initiatives and referendums don’t take place all at once.
“I used to drink from a garden hose, now I’m drinking from a firehose,” McClure said.
McClure also said he has concerns with current resources to execute all of his duties and intends to come back to the committee at a later date. He said he will need between 60,000 to 90,000 people to hand-count ballots for the fall referendum.Thank ignoramus Smith for that back to the cave douche fuckery.
Brent Dribble:
This hearing exposed something many Albertans probably did not realize, citizen initiated petitions in Alberta do not automatically trigger referendums simply because signatures are gathered.
The Legislature still retains enormous discretion over whether proposals proceed as legislative votes or province-wide referendums.
Ironically, that undermines some of the rhetoric surrounding Alberta’s “direct democracy” reforms. The government lowered thresholds and promoted these changes as empowering ordinary citizens, yet MLA committees and cabinet still effectively act as gatekeepers over the process.
… The deeper issue is that Alberta’s referendum framework remains structurally ambiguous. Questions can be classified differently depending on whether they are viewed as constitutional or policy matters, and the public often assumes petitions create automatic obligations that legally do not exist.
There is also an institutional credibility issue emerging. Elections Alberta is simultaneously handling recall petitions, referendum planning, investigations into the voter list leak, citizen initiatives, and potential constitutional questions all at once. McClure’s “garden hose to firehose” comment probably captures the strain better than anything else in the article.
Maries Views:
Mr. Lukasuk checked the legislative policy option when applying for the petition. Not the constitutional amendment option. Do Nixon and company really not understand what that means? Even after the Elections officer explained it? Those of us who signed and collected signatures wanted it to go to the legislature and have a policy decision or regulation that Alberta would remain in Canada. We were aware that the legislative option did include an option to put it to a referendum, if our government was unwilling or unable to clearly state they believe in the platform they ran on, allegiance to Canada. If they were unwilling to make that a formal government policy or legislation. Should they fail to do that and go to the referendum option, we wanted to be sure the question put to Albertans was “Do you agree that Alberta should remain in Canada?”
Alexandre MacFarlane:
The UCP does hate open, transparent, and fair democracy, so that’s not surprising.