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EDMONTON — An Alberta judge has struck down a citizen-led petition seeking a referendum on Alberta independence, ruling the province failed in its constitutional duty to consult First Nations before advancing a process that could affect treaty rights and Indigenous lands.
In a decision released Wednesday, Court of King’s Bench Justice Shaina Leonard ruled Alberta’s chief electoral officer should never have approved the separatist petition launched by the group Stay Free Alberta.
The ruling throws the future of the proposed referendum into uncertainty and halts a petition process separatist organizers say collected more than 300,000 signatures, well above the roughly 178,000 required under Alberta’s citizen initiative legislation.
Leonard found Alberta breached its duty to consult with First Nations before moving forward with a referendum process tied to provincial separation from Canada.
“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.
The challenge was brought forward by Athabasca Chipewyan First Nation along with the Blackfoot Confederacy, representing the Siksika, Kainai and Piikani First Nations.
The nations argued Alberta separation would violate treaty rights and fundamentally alter relationships established between First Nations and the Crown.
Leonard agreed, finding the province’s legislative changes to referendum rules last year “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,” she wrote.
The ruling also found the chief electoral officer failed to properly consider an earlier court ruling from Justice Kent Feasby, who previously determined an Alberta independence question would violate treaty rights and be unconstitutional.
Leonard ruled the separatist petition should not have been reissued after legislative amendments removed constitutional screening requirements for referendum questions.
“The first proposal was not pending when the amendments came into force,” Leonard wrote. “It had been rejected and had come to an end.”
Athabasca Chipewyan First Nation welcomed the ruling, calling it a major affirmation of treaty rights and Indigenous consultation obligations.
“This decision reinforces the importance of Treaty rights, meaningful consultation, and the recognition of the serious impacts decisions like these would have on First Nations communities,” Athabasca Chipewyan Chief Allan Adam said in a statement.
“This decision should close the chapter on the suggestion of an independence referendum. The Court has spoken — and so have the First Nations.”
The First Nation said the ruling marked the second time Alberta courts identified significant legal problems with the separatist initiative and its potential impacts on Indigenous communities.
The court also ruled the signatures collected through the petition process will not be counted and the results cannot be certified under the current process.
Separatist organizers and supporters reacted angrily to the decision and immediately signalled plans to appeal.
Jeff Rath, a lawyer representing Stay Free Alberta, said the ruling contained “numerous errors of law.”
“We disagree fundamentally with the decision which appears on its face to violate principles of natural justice,” Rath wrote on social media.
“We have been instructed to prepare and file the appropriate appellate documents.”
Rath also argued Premier Danielle Smith could still directly call a referendum on separation through government action rather than the citizen initiative process.
Stay Free Alberta leader Mitch Sylvestre submitted the petition to Elections Alberta earlier this month after the group spent four months gathering signatures across the province.
The province’s United Conservative government also signalled it intends to challenge the ruling.
Premier Danielle Smith said Alberta will appeal Leonard’s decision, arguing it unfairly blocks Albertans from participating in the referendum process.
“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 Wednesday.
“We think that this decision is incorrect in law and anti-democratic, and we will be appealing it as a result.”
Smith said cabinet and caucus would meet in coming days to discuss the broader implications of the ruling and determine next steps.
The premier has repeatedly said she does not support Alberta separating from Canada, but has also maintained Albertans should be allowed to pursue citizen-led referendum questions through democratic processes.
The ruling arrives amid growing political tensions surrounding Alberta sovereignty and separatist sentiment in the province.
A separate pro-Canada petition known as “Forever Canadian,” organized by former deputy premier Thomas Lukaszuk, previously surpassed 400,000 verified signatures.
Leonard also released a separate ruling Wednesday rejecting an injunction request brought by Sturgeon Lake Cree Nation, which sought to halt the referendum process entirely while broader legal challenges continue.
While Leonard acknowledged the First Nation raised serious constitutional concerns, she ruled the nation did not meet the legal threshold required to prove irreparable harm necessary for an injunction.
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