Alberta government files appeal on court decision to throw out separatist referendum petition

Alberta government files appeal on court decision to throw out separatist referendum petition

Premier cited judge's decision as reason direct question on separation can't be on fall ballot

Alberta's government has filed its appeal of a judge's decision to quash a petition looking to force a vote on the province quitting Canada.

Premier Danielle Smith criticized the ruling last month, calling it "anti-democratic," and promised to appeal.

Court of King's Bench Justice Shaina Leonard found the referendum petition shouldn't have been issued under provincial law and that Smith's government neglected its duty to consult First Nations.

Leonard's decision effectively threw out the petition, which organizers submitted to Elections Alberta at the beginning of May. The campaign's leaders have said almost 302,000 Albertans signed their names.

A group of First Nations challenged the petition and Elections Alberta's decision to issue it, arguing that separation would violate treaty rights and that the petition process was unconstitutional.

In the appeal filed Wednesday in Edmonton court, the province says it plans to argue that the judge made 14 errors in her decision.

Judge overturns Elections Alberta’s approval of separation referendum petition

The appeal document says issuing the petition didn't trigger the duty to consult and that the judge failed to give weight to the democratic purpose of the petition process.

It says the judge also misinterpreted provisions of a bill passed in December that allowed the separatist group behind the petition to reapply after its first application was hung up in court.

Leonard ruled that despite the intended purpose of the legislation, the group shouldn't have been able to reapply, because the first application was rejected before the law came into effect.

The province questions the judge's conclusion that the result of the desired referendum would be binding.

The appeal also argues Leonard was "improperly assuming that Alberta may not comply with its statutory and constitutional obligations."

The premier's office and a spokesperson for Justice Minister Mickey Amery didn't immediately respond Thursday to requests for comment.

Separatist leader appealing court decision on Stay Free Alberta petition

Smith announced after the ruling that Albertans would vote in an Oct. 19 referendum on whether they want to remain in Canada or start the process to have a second, binding referendum on separation.

The premier cited the judge's decision as the reason why a direct separation question can't be added to the ballot, as the appeal process could take years.

The appeal document indicates Alberta won't be applying to have the appeal expedited.

Some in the separatist movement, especially those who led the petition campaign, have said Smith's referendum on a referendum is a betrayal to members of her United Conservative Party who want Alberta to go it alone.

Smith has said that her party supports Alberta staying in Canada and that she will vote accordingly. She has defended the fall referendum as a way to still give those who signed the petition a voice.

Chief Allan Adam of Athabasca Chipewyan First Nation, which was part of the group that challenged the petition, said the province's decision to appeal is disappointing.

"Hasn't Danielle Smith been running around lately saying she's Captain Canada? Now she wants to support the separatists again?" Adam said in a statement.

"It's hard to tell whose best interests she has at heart. I'm not sure she knows herself."

Troy Knowlton, Piikani Nation Chief and Blackfoot Confederacy president, said the government is "pouring gas" on an already polarizing issue with the appeal. The confederacy was also part of the group that challenged the petition.

"We very tangibly see, hear and feel an increase in divisive and even racist language around our efforts to justifiably protect our rights as set down in treaty," said Knowlton.

"We have a duty to our ancestors and to future generations to continue to fight against separation. And we will do that."

Opposition NDP Leader Naheed Nenshi also criticized the appeal, saying he doesn't understand why the government is committed to "meaningless court fights."

"Appealing this ruling is a waste of time and taxpayer money," he said in a statement.

"This UCP government continues to show that they're focused on the wrong priorities."

The group behind the petition, Stay Free Alberta, filed its appeal of Leonard's decision last month.

That appeal lists many of the same legal arguments as the government.

The group also says the judge's reasons and the hearing process raise "concerns regarding procedural fairness and the appearance of impartiality."