https://www.westernstandard.news/alberta/breaking-judge-quashes-stay-free-alberta-independence-petition/73470
“EDMONTON — Justice Shaina Leonard on Wednesday quashed an Alberta independence petition, citing an incorrect interpretation of legislation, a failure to follow previous court rulings, and a lack of Crown consultation.

Leonard's decision quashes the Alberta's Chief Electoral Officer's (CEO) decision to issue Mitch Sylvestre a second issuance of Stay Free Alberta's independence petition.

Sylvestre told the Western Standard that his group is not surprised by Leonard's decision, which is why they began the appeal process last week.

"It is essentially going to come down to whether the premier calls for an independence referendum herself," said Sylvestre to the Western Standard.

Speaking to the media in Edmonton on Wednesday, Premier Danielle Smith said that while her government supports Alberta remaining in Canada, she thought that the court’s decision “will deny an opportunity” to over 300,000 Albertans to have their petition verified by Elections Alberta.

“We think that this decision is incorrect in law and anti-democratic, and we will be appealing it as a result,” Smith stated.

“Our cabinet and caucus will, of course, be meeting in the next couple of days to discuss the full context and make some decisions after we've had a chance to talk it through.”

Smith added hundreds of thousands of Albertans — regardless of whether they support remaining in Canada or leaving — had expressed a desire to have this issue publicly debated.

“At the end of the day, this was the decision of a single judge, while roughly 700,000 Albertans, whether on the remain side or the leave side, have said they want to have this public discussion,” she said.

Wednesday ruling follows a judicial review of the CEO's decision on a request from the Athabasca Chipewyan First Nation and the Blackfoot Confederacy.

The First Nations had argued that the CEO incorrectly interpreted Alberta's Bill 14 when he said the legislation left him no choice but to grant Sylvestre another petition, regardless of the fact that a justice dismissed his initial independence petition in December after ruling a it was unconstitutional.

Neil Dobson, counsel for the Government of Alberta, told the court that there was no misinterpretation and that the UCP had the opportunity to amend the bill before passing it in the legislature if they felt it needed clarification, but they did not.

Leonard ruled that the CEO's decision was unreasonable on the ground of an incorrect interpretation of the transitional phase under Bill 14, and his subsequent actions of granting the petition despite the prior ruling.

ACFN and the Blackfoot Confederacy also successfully argued that the Government of Alberta failed to uphold its duty to consult with First Nations before making a decision that could infringe their Treaty rights.

"Justice Leonard’s decision does not block an Alberta independence referendum scheduled for Oct. 19. The decision only says Bill 14’s transition rules did not revive the citizen petition route," said independence leader Keith Wilson.

"A secession question should be initiated by cabinet under the Referendum Act, with First Nations consulted before the vote in case Treaty/traditional rights are affected."

"The lawful path now rests with the Smith government to set the independence question for October 2026 (just like the SCC envisioned in the court's 1998 Secession Reference case).

Speaking to the media in Edmonton on Wednesday, Premier Smith said that while her government supports Alberta remaining in Canada, she thought that the court’s decision “will deny an opportunity” to over 300,000 Albertans to have their petition verified by Elections Alberta.

“We think that this decision is incorrect in law and anti-democratic, and we will be appealing it as a result,” Smith stated.

“Our cabinet and caucus will, of course, be meeting in the next couple of days to discuss the full context and make some decisions after we've had a chance to talk it through.”

Smith added hundreds of thousands of Albertans — regardless of whether they support remaining in Canada or leaving — had expressed a desire to have this issue publicly debated.

“At the end of the day, this was the decision of a single judge, while roughly 700,000 Albertans, whether on the remain side or the leave side, have said they want to have this public discussion,” she said.

Alberta NDP Leader Naheed Nenshi said Wednesday's ruling takes away any option Smith had for calling an independence referendum, even calling one herself.

"The government cannot have a separatist referendum this fall, period," Nenshi said. "They cannot do it without defying the law, without defying the courts, and without knowingly doing something that is illegal. And guess what, the notwithstanding clause doesn't save her here, the notwithstanding clause does not apply."

"So they cannot have a referendum this fall if they choose to go forward with a government question, they can expect more legal cases, and based on the precedent we've seen today, they cannot do so."

Stay Free Alberta submitted their petition to Elections Alberta with 301,620 signatures on May 4, but verification could not begin prior to Leonard's ruling.

Smith has said that if the petition got enough signatures, the group’s question would be put on a ballot this fall.

Thomas Lukaszuk's Forever Canadian policy petition remains an alternative question on Alberta's continued membership in Canada that could be placed on the October referendum.

Lukaszuk filed his petition under the policy category, which he claims should lead to a vote in the Alberta legislature asking MLAs whether they agree Alberta should remain in Canada.

Conflicts have arisen over the petition because the application states it calls for a referendum on Alberta remaining in Canada.

"Certainly, if the premier wanted to put that question to a referendum, she's going to have to step forward and say that, because the people who signed that petition, the proponent of that petition, and most Albertans, are very clear that a referendum on separatism is not a good idea," said NDP Deputy Leader Rakhi Pancholi.

"It's not what they're asking for. They're seeking for all of the members of the legislature to stand up and make their their position known."

An MLA committee has been formed to determine the outcome of the Forever Canadian Petition; however, Smith has emphatically said she believes it should trigger a referendum.

Stay Free Alberta's counsel, Jeffrey Rath, blasted the decision.

"“We disagree fundamentally with the decision which appears on its face to violate principles of natural justice and contain numerous errors of law. We have been instructed to prepare and file the appropriate appellate documents.”

The judge in the case was appointed by then federal justice minister David Lametti in 2020, during the government of Justin Trudeau.