An Alberta judge says Premier Danielle Smith's government had a duty to consult with First Nations.
Justice Shaina Leonard threw out a separatist referendum petition Wednesday. The judge also said Alberta's chief electoral officer should never have issued the petition.
Lawyers for several First Nations argued last month that the province's referendum process and its use by separatists are unconstitutional, as there's no requirement for Indigenous consultation.
They also said separation would violate treaty rights.
Government lawyers defended the process and argued for the separatist petition to proceed, but Justice Leonard sided with the First Nations.
She noted that Alberta’s secession from Canada would clearly affect Treaties 7 and 8, and said Premier Danielle Smith’s December bill amending the citizen-initiated referendum process triggered a duty to consult—one that was not fulfilled.
The bill removed constitutional requirements for referendum questions, stripped the chief electoral officer’s power to seek court review, and allowed applicants to reapply.
Stay Free Alberta’s first petition was rejected as unconstitutional before the bill took effect, but the group reapplied in January.
Leonard ruled they shouldn’t have been allowed to reapply, as their first proposal had already been denied. The group’s lawyer, Jeff Rath, said they will appeal.
Premier Smith stated her government is "reviewing the decision."
-with files from CBC
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