
"Justice Shaina Leonard of the Court of King’s Bench on Wednesday shut down the effort by a separatist group to hold a referendum on secession from Canada. Leonard said Alberta's provincial government had an obligation to consult with First Nations before allowing organizers to collect signatures. Two First Nations groups argued that any referendum would violate their treaties with the Crown, which predate the creation of Alberta."
"“As a matter of logic and common sense, there can be no doubt that Alberta's secession from Canada will have an impact on Treaties 7 and 8,” the judge wrote in her decision. The decision also looked at legislation passed by the Alberta government that removed the requirement that referendum questions be constitutional, and the right of the chief electoral officer to refer proposals to the courts for review."
"Leonard said the separatists should not have been allowed to reapply because the chief electoral officer denied their first proposal. Two weeks ago, separatists had triumphantly delivered boxes with more than 300,000 signatures in favour of the proposed referendum. But days later, the effort was rocked by revelations that a separatist-linked group had illegally gained access to private elections data, prompting investigations from both elections officials and police."
"The leader of Athabasca Chipewyan First Nation, which joined others in challenging the legitimacy of the separatist petition, said Wednesday's ruling reinforces the importance of treaty rights, meaningful consultation, and the recognition of the serious impacts decisions like these would have on First Nations communities. “This decision should close the chapter on the suggestion of an independence referendum. The court has spoken and so have the First Nations,” chief Allan Adam sai"
A Canadian judge quashed a petition seeking an independence referendum in Alberta. The court found the provincial government had an obligation to consult First Nations before organizers could collect signatures. First Nations groups argued that any referendum would violate treaties with the Crown that predate Alberta’s creation. The judge stated that Alberta’s secession would affect Treaties 7 and 8. The decision also considered Alberta legislation that removed constitutional requirements for referendum questions and limited the chief electoral officer’s review role. The court rejected the separatists’ attempt to reapply after an earlier denial. The effort followed delivery of more than 300,000 signatures, but later faced allegations of illegal access to private elections data and related investigations.
#alberta-secession #first-nations-treaty-rights #judicial-review #referendum-consultation #canadian-constitutional-law
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