Alberta files appeal on court decision to throw out separatist referendum petition

Alberta's government is formally challenging a court ruling that halted a petition seeking a referendum on the province's potential secession from Canada. Premier Danielle Smith, who had previously denounced the decision as "anti-democratic," filed an appeal on Thursday, signaling a continued push for a vote on separation.

Last month, Court of King's Bench Justice Shaina Leonard quashed the referendum petition. She ruled that it should not have been issued under provincial law and that Smith's government had failed in its duty to consult with First Nations. The judge's decision was seen as a significant victory for Indigenous groups concerned about the implications of separation.

In its appeal filed in Edmonton court, the Alberta government contends that Justice Leonard made 14 errors in her judgment. The province plans to argue that issuing the petition did not trigger a duty to consult First Nations and that the judge overlooked the democratic significance of the petition process itself. This legal battle underscores the deep divisions within Alberta regarding its relationship with the federal government.

Following the initial ruling, Premier Smith had announced plans for Albertans to vote in an Oct. 19 referendum on remaining in Canada or initiating the process for separation. However, she cited the judge's decision as the reason a direct question on separation could not be added to that ballot, highlighting the legal obstacles now facing the province's separatist ambitions.

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anti-democratic