A court decision that tossed out a separatist petition in Alberta is poised to have implications on the sovereigntist movement in Quebec. The Parti Québécois (PQ), which has surged in recent polling, is promising a sovereignty referendum before 2030 if it wins the provincial election in October, but Montreal-based constitutional lawyer Frédéric Bérard says the Court of King’s Bench ruling on Wednesday may have just complicated that plan. “What’s happening right now is probably the worst nightmare for the Parti Québécois,” Bérard told CTV News. Justice Shaina Leonard threw out a citizen petition seeking to hold a referendum on separation from Canada, ruling the group failed to consult with First Nations and separation would infringe on their treaty rights. Bérard says legal frameworks around Quebec sovereignty have existed since 1998 and the Alberta decision raised the bar even higher. “Saying that you have to consult with them, you have to make sure they are part of the deal so obviously it’s another step,” the Montreal lawyer said. There are 11 Indigenous nations in Quebec, including the Inuit, who, in the 1995 referendum, voted overwhelmingly in favour of staying in Canada. PQ leader Paul St-Pierre Plamondon said his party’s path is different from that of Alberta. “But it’s important to say that the process through which a referendum will be held in Alberta, it’s not the same law and the same parameters than what we have in Quebec,” he said. Former federal minister Stephane Dion sponsored the Clarity Act, the federal law that sets the rules for how any province could ever leave Canada. He says a referendum is just the first step in negotiations between Ottawa and the provinces. “So you need to have an agreement of separation. That would be supported by the partners of the federation. That means the other provinces and the federal government,” Dion said. Meanwhile, Alberta Premier Danielle Smith said she will appeal the decision. Bérard says the case could go all the way up to the Supreme Court of Canada, which will have the final word. Until then, he says Quebec will be watching closely.
