An Edmonton judge has paused the next steps of a potential referendum on Alberta separation. Justice Shaina Leonard issued her written decision to delay the verification of signatures on a petition for Alberta’s independence Friday afternoon. It does not prevent Stay Free Alberta, the separatist group leading the charge, from collecting signatures. But Elections Alberta can’t verify the group’s petition or make a referral to Alberta’s justice minister until the courts have made a final decision on a court challenge launched by Athabasca Chipewyan First Nation and the Blackfoot Confederacy. Both groups are fighting for a judicial review of the decision to allow Stay Free Alberta to launch a citizen-led petition under the province’s Citizens Initiative Act. They argued that the separatists’ use of Alberta’s referendum process violates treaty rights, including the duty to consult, and is therefore unconstitutional. Leonard’s decision follows three days of court hearings where First Nations groups, Alberta government lawyers and proponents of Stay Free Alberta said their piece about the legality of citizen-led petitions that have to do with Alberta independence. Alberta government lawyers argued that consultation with Alberta First Nations wasn’t necessary unless the province were to take policy action on separation. Leonard’s decision read that the interests of First Nations groups would be harmed if she didn’t issue a temporary pause before her final decision on whether Elections Alberta should have issued a petition to Stay Free Alberta at all. “The applicants have provided evidence of harm from lack of consultation and harm to treaty relationships,” Leonard wrote. “To be clear, the court is not staying the collection of signatures, this decision has no impact whatsoever on the signature collection period or when that period expires.” She added there were “numerous, serious issues” she’d have to analyze before coming to a final decision based on each party’s arguments. “The stay contemplated here would be in effect for approximately one month while this court reviews and considers the voluminous materials provided, the oral submissions heard over two days and makes a final determination,” she wrote. Jeff Rath, a lawyer for Stay Free Alberta, said Friday the decision didn’t have much of an impact, although he was surprised Leonard issued one so quickly. “I suspect that it’s just going to motivate our volunteer base and our canvassers and Albertans even more to get out and sign the petition,” he told The Canadian Press. Sturgeon Lake Cree Nation Chief Sheldon Sunshine, whose nation had separately applied for an injunction on the petition, released a statement welcoming the decision. “We’re looking forward to the court’s final decision on this harmful process, set in motion by Alberta without any authority under our treaty,” he said. “We also expect Alberta will follow this court order and not move the goal posts on us while the court deliberates.” Smith’s government last stepped in to change the law for the referendum process in December to allow for referendum questions that aren’t necessarily constitutional to be put forward through citizen petitions. Earlier this week, Justice Minister Mickey Amery’s office told media the government recognizes and honours treaty rights, but that it wouldn’t comment further while the matter was before the courts. A final decision on the constitutionality of Stay Free Alberta’s petition is expected in the next few weeks. With files from The Canadian Press
