Alberta Secession Bid Deemed Unconstitutional by Judge

Key Takeaways

• An Alberta judge has ruled that a referendum proposal on Alberta separating from Canada goes against Charter and Treaty rights.
• The proposed referendum question was deemed to contravene several sections of the Constitution Act.
• The judge’s decision concludes that the Constitution can be amended, and Alberta can hold a referendum on separation, but the current referendum proposal is not allowed under the Citizen Initiative Act.
• The Alberta government had introduced legislation (Bill 14) that would have ended the court proceeding, but the judge issued a decision before it came into force.
• The judge criticized the government’s move, saying it would "silence the court" and undermine the rule of law and democracy.

Introduction to the Case
The recent decision by an Alberta judge has sparked significant interest in the ongoing debate about Alberta’s potential separation from Canada. The case, which was brought before the Court of King’s Bench, revolved around a referendum proposal submitted by Alberta resident Mitch Sylvestre. The proposed question, "Do you agree that the Province of Alberta shall become a sovereign country and cease to be a province in Canada?" was referred to the courts by provincial chief electoral officer Gordon McClure. The judge’s decision, which was issued less than 24 hours after the provincial government introduced legislation that would have ended the court proceeding, has significant implications for the future of Alberta’s relationship with Canada.

The Judge’s Decision
In his ruling, Judge Colin Feasby concluded that the referendum proposal contravenes several sections of the Constitution Act. However, he emphasized that this decision does not mean that the Constitution cannot be amended or that Alberta cannot hold a referendum on separation. Rather, the decision is specific to the referendum proposal in question, which the judge deemed to be in conflict with the Citizen Initiative Act. The Act, as it was before the proposed changes under Bill 14, did not give citizens the power to initiate a referendum on the question of independence from Canada. The judge’s decision highlights the complexities and challenges involved in navigating the legal framework surrounding provincial separation.

The Impact of Bill 14
The Alberta government’s introduction of Bill 14, which would have ended the court proceeding, was seen as an attempt to "silence the court" and prevent the judge from issuing a decision. The judge criticized this move, saying it would undermine the rule of law and democracy. The proposed changes to the Citizen Initiative Act under Bill 14, including the removal of a provision that a proposed referendum question cannot contravene the Constitution, were also seen as problematic. The judge argued that the public has a right to know the legal dimensions of the secession of Alberta from Canada, and that the court case had been prioritized at the expense of other justice system participants waiting for their cases to be heard.

Response to the Decision
The judge’s decision has been met with disappointment from the Alberta government, which had been pushing for the introduction of Bill 14. The government’s actions have been criticized as "cavalier" and dismissive of the court’s role in ensuring that the legal framework is respected. The decision has also been welcomed by those who argue that the referendum proposal was flawed and that the Constitution must be respected. The case highlights the ongoing tensions between the Alberta government and the federal government, as well as the complexities involved in navigating the legal framework surrounding provincial separation.

Conclusion and Next Steps
The judge’s decision is a significant development in the ongoing debate about Alberta’s potential separation from Canada. While the decision does not rule out the possibility of a future referendum on separation, it highlights the need for careful consideration of the legal framework and the potential consequences of such a move. The Alberta government’s introduction of Bill 14 has been seen as an attempt to circumvent the court’s role in ensuring that the legal framework is respected, and the judge’s criticism of this move has significant implications for the rule of law and democracy in Canada. As the case continues to unfold, it is likely that there will be further developments and debates about the future of Alberta’s relationship with Canada.