Overview
- Justice Shaina Leonard, in decisions issued Wednesday, threw out Elections Alberta’s approval after finding the province failed to consult First Nations whose treaty rights could be affected.
- Premier Danielle Smith called the ruling anti-democratic and said the government will appeal, and the separatist group Stay Free Alberta and its lawyer also vowed to challenge it.
- Legal experts warn the appeal process could run for months, which likely keeps any separation question off the October ballot and would still require Indigenous consultation and a clear question under the federal Clarity Act.
- The court also found the chief electoral officer erred in law, ruling that recent changes to the Citizen Initiative Act did not revive the group’s first, already rejected proposal.
- Stay Free Alberta says it submitted about 302,000 signatures, above the 178,000 threshold, but Elections Alberta has paused verification and is reviewing how the judgment affects petitions in progress.