An Alberta separatist leader is contesting a judge’s ruling that invalidated the approval of his group’s petition for a referendum on Alberta independence. Mitch Sylvestre, the leader of the Stay Free Alberta petition and the Alberta Prosperity Project, is appealing the decision made by Justice Shaina Leonard.
According to documents obtained by CBC News, Sylvestre’s legal team filed an appeal challenging the entirety of Justice Leonard’s decision. Jeffrey Rath, one of Sylvestre’s lawyers and a member of the Alberta Prosperity Project, criticized the decision, referring to it as a political rather than a judicial one.
Justice Leonard issued several rulings related to a court case concerning the separation petition, determining that the province’s chief electoral officer had made legal errors in approving the petition and had not taken into account a previous court decision regarding treaty rights violations related to separation.
Furthermore, Leonard found that the government, acting on behalf of the Crown, failed to fulfill its duty to consult with Indigenous communities involved in the case. The Athabasca Chipewyan First Nation, Blood Tribe, Piikani Nation, and Siksika First Nation were parties in the legal proceedings.
Despite Sylvestre claiming that the Stay Free Alberta petition had gathered over 300,000 signatures, Leonard’s decision left the fate of the petition uncertain. The appeal filing outlines various arguments, including the assertion that Leonard incorrectly concluded that the approval of the petition required consultation by the Crown.
The separatist group intends to expedite the appeal process, with plans to request a stay on Leonard’s decision to allow Elections Alberta to verify the petition signatures. Alberta Premier Danielle Smith also expressed her intention to appeal the decision, emphasizing the importance of upholding the Citizen Initiative Act and the democratic process.
Smith highlighted the significant public interest in the independence issue, with many Albertans eager to participate in the debate. She criticized Leonard’s decision for potentially hindering citizen engagement and undermining legislative frameworks.
The CBC has reached out to Elections Alberta and the Indigenous communities involved in the case for comments, with no immediate responses received.
A representative from the Athabasca Chipewyan First Nation disclosed that the band had submitted a comprehensive package to the government regarding a potential independence referendum. The submission, which includes historical and legal arguments, is being considered as evidence for any potential trial related to the appeal process.