Alberta separatists making alternative plans to force referendum if they lose court challenge

Alberta separatists have reached their signature goal to trigger a referendum on provincial independence, but their efforts face a legal challenge arguing separation is unconstitutional without First Nations’ consent. Premier Danielle Smith’s government could still call an independence referendum independently of the citizen-led initiative.

Petition Reaches Signature Goal

Mitch Sylvestre is organizing the independence petition under Alberta’s Citizen Initiative Act. The campaign needed 178,000 signatures to force a constitutional referendum and organizers announced they reached that goal, one month ahead of schedule.

The proposed question for the referendum is: “Do you agree that the Province of Alberta should cease to be part of Canada and become an independent state?” Organizers hope to see it added to a planned Oct. 19 referendum on immigration and constitutional matters.

Legal Challenge Filed by Sturgeon Lake Cree Nation

A three-day hearing is scheduled for Tuesday in the Court of King’s Bench of Alberta to address a demand by the Sturgeon Lake Cree Nation to halt the separatist campaign. The First Nation has sued the provincial and federal governments, as well as the province’s chief electoral officer, arguing the petition should be suspended on the grounds that separation is impossible without First Nations’ consent.

Sturgeon Lake’s legal counsel, Orlagh O’Kelly, said the judge will likely render a decision by May 2, the deadline for signature collection. The First Nation contends that an independence referendum is incompatible with its constitutionally protected treaty rights and could open the door to foreign interference.

Government’s Role and Potential Referendum

Sylvestre, who also serves as a UCP constituency president, stated he cannot pressure the government but can present his work to them. He emphasized the government could call an independence referendum even if the courts issue an injunction against his petition.

In February, Premier Smith announced a planned Oct. 19 vote on gaining more control over immigration from the federal government, including potential limitations on access to education and health care for some newcomers.

Changes to direct democracy laws implemented by Smith’s United Conservative Party government have accelerated the possibility of an independence referendum. Last spring, the number of signatures required to force a constitutional referendum was reduced to approximately 178,000 from around 588,000. The government also legislated changes in December that eliminated safeguards for citizen-initiated referendums and reduced powers of the Chief Electoral Officer.

Competing Petition Aims to Keep Alberta in Canada

A separate petition, organized by former Alberta deputy premier Thomas Lukaszuk, asks “Do you agree that Alberta should remain in Canada?” It is currently before a legislative committee, which will decide whether to vote on it in the Alberta legislature or in a province-wide referendum.

Smith has noted Lukaszuk’s conflicting statements regarding his desire for a referendum have complicated the committee’s decision-making process. The Opposition NDP has stated that if the legislature doesn’t table a report by mid-May, Lukaszuk’s petition won’t be considered until after the October referendum.

Alberta Justice Minister Mickey Amery’s spokesperson, Heather Jenkins, stated the government will “wait to see this process play out” and that any citizen initiative meeting eligibility requirements and obtaining the necessary signatures will be included on the Oct. 19 referendum ballot. Jenkins did not comment on whether the government would call an independence referendum if the judge halts Sylvestre’s petition.