A judge has approved a one-month delay preventing the chief electoral officer of Alberta from officially endorsing the results of a petition seeking a referendum on Alberta’s potential separation from Canada. Justice Shaina Leonard’s ruling also prohibits Stay Free Alberta, the group leading the petition, from involving Justice Minister Mickey Amery after submitting signatures.
The decision stems from a request by two of three First Nations groups concerned about the impact of the petition process on treaty rights. The Athabasca Chipewyan First Nation (ACFN) and the Blackfoot Confederacy sought a hold on the petition campaign until a final decision is reached.
Judge Leonard clarified that the stay does not stop the signature collection process, maintaining the deadline of May 2, 2026, for gathering signatures. The judge had been evaluating arguments on the matter during court sessions in Edmonton.
A stay, which functions akin to an injunction, necessitates the demonstration of a significant issue for review, potential irreversible harm, and a balance of convenience favoring the order’s approval.
Leonard found that the applicants met the basic requirement of establishing arguable issues, including alleged breaches by the Crown of its duty to consult and potential unconstitutionality of sections of Alberta’s Citizen Initiative Act.
The applicants successfully argued that the signature collection process could lead to irreparable harm, potentially affecting consultation, damaging treaty relationships, and undermining treaty commitments between First Nations and the Crown.
In response to the ruling, ACFN Chief Allan Adam emphasized that the legal challenge was pursued in the interest of all Albertans to protect Confederation and uphold treaty obligations.
Despite the ruling, the lead organizer of Stay Free Alberta, Mitch Sylvestre, stated that the decision does not impede their signature collection efforts, which will continue until the deadline. Sylvestre’s lawyer highlighted the legislative nature of the chief electoral officer’s role and expressed concerns about judicial interference.
While not directly involved in the case, Sturgeon Lake Cree Nation (SLCN) is pursuing its legal challenge related to the Stay Free Alberta campaign. The SLCN’s lawyer and chief expressed satisfaction with the court’s temporary pause to consider the case thoroughly.
The SLCN seeks an interim injunction to prevent changes to the Citizen Initiative Act that could impact treaty rights. Alberta’s Justice Ministry acknowledged the temporary stay but refrained from commenting until the final decision is issued, expected by May.