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An Alberta judge has reserved his decision on whether to review the constitutionality of a proposed referendum question on the province’s separation from Canada, with a ruling expected on Aug. 14.
Court of King’s Bench Justice Colin Feasby said on Aug. 7 he would reserve his decision until next week, after hearing arguments on whether a review of a proposed Alberta separation referendum question should proceed. This followed an application from Mitch Sylvestre, an executive with the Alberta Prosperity Project (APP)—the group that proposed the question—seeking to dismiss the review.
The review stems from a decision by Alberta Chief Electoral Officer Gordon McClure in late July to refer the question to the court to determine whether it contravenes the Constitution.
The question asks Albertans: “Do you agree that the Province of Alberta shall become a sovereign country and cease to be a province in Canada?”
Sylvestre’s lawyer, Jeffrey Rath, argued that simply posing a question does not violate the Constitution, as constitutional issues would arise only if the question proceeds to a referendum. He added that many issues surrounding separation are political and not matters for the court to decide.
“The court has no supervisory role over the political aspects of the constitutional negotiations,” Rath said. “All of the issues around ... First Nations’ rights, whether it’s minority rights, all of those things are part of the referendum campaign for people to argue and educate one another on without interference in the court.”
Meanwhile, Feasby said that a referendum process involves Albertans’ right to be informed about the potential consequences of what they are being asked to vote on.
“Sometimes the only way to educate the public on that is to have a discussion, and perhaps to have a court decision,” he said.
The APP says it sees the delays caused by the review as an opportunity to “further educate Albertans” and share more information about the issue.
“While we do feel this is a slight delay in the process we are not concerned as we knew delays would happen,” the organization told The Epoch Times in an Aug. 8 statement.
Referral to Court
In referring the matter to the court in July, McClure’s office said a review was necessary given the question’s implications for the future of the province. He is asking the court to consider whether the question violates certain sections of the Constitution Act, such as those related to mobility rights, democratic rights, treaty rights, and the enforcement of guaranteed rights and freedoms.
“This is a serious and significant question, with the potential to have profound impact on all Albertans,” said the office of the chief electoral officer in a July 29 statement.
“In seeking the opinion of the Court, the Chief Electoral Officer is fulfilling his duty under the Citizen Initiative Act in an independent, neutral and non-partisan manner.”
The Alberta government has encouraged Elections Alberta to withdraw the referral for review, saying that while it does not support separation, Albertans should have access to their democratic right to participate in citizen initiative processes.
“Alberta’s government believes that the proposal is not unconstitutional and therefore should be approved and permitted to proceed,” Heather Jenkins, spokesperson for Alberta’s justice ministry, told The Epoch Times in an Aug. 8 statement.
“It is settled law that any province is entitled to consult its population by referendum on any issue,” she added, noting that the government will not comment further as the matter is before the courts.
If the review proceeds, the judge said he would like to make a decision on the question by the end of the year.
Referendum Questions
The Alberta Prosperity Project filed its application for a citizen led petition on July 4, the same day the new provincial referendum rules took effect.
The rules, announced by Premier Danielle Smith on April 29, lowered the bar for holding referendums, extending the signature collection period from 90 to 120 days and setting the threshold at 10 percent of eligible voters who participated in the most recent general election.
If the APP question proceeds, it would need approximately 177,000 signatures.
The provincial government says the referendum reforms are meant to make it easier for Albertans to express their political views and put forward questions that gain sufficient support from other citizens. Meanwhile, the Opposition NDP has argued the reforms are “entirely designed” to give Albertans a referendum on separation.
The premier has said a provincial referendum will be held in 2026, in which Albertans will vote on any petition that meets the requirements, along with proposals to “assert” provincial sovereignty within Canada, as recommended by the Alberta Next Panel.
The panel has been gathering public input since July through in-person and online town halls, along with online surveys. Additional town halls are scheduled for August and September, and the panel is expected to submit its recommendations to the government by Dec. 31.
But a question on separation is not the only citizen initiative seeking support from Albertans.
Elections Alberta on June 30 approved an application for a petition aimed at ensuring Alberta remains part of Canada. Proposed by former Progressive Conservative deputy premier Thomas Lukaszuk, the petition, called “Alberta Forever Canada,” would ask Albertans: “Do you agree that Alberta should remain in Canada?”
Signature collection for the petition began on July 30 and will require 293,976 signatures to be gathered within 90 days, as it was approved before the province’s new rules came into effect.
