Supporters of Alberta separatism are not only excited about surpassing the required 177,000 signatures for their referendum, but they are also celebrating the timing of reaching this milestone.
Stay Free Alberta announced this achievement a week before a court hearing in Edmonton where a First Nation is seeking an injunction against the citizen’s initiative on April 7, citing concerns that the independence bid could infringe on Indigenous treaties.
Some may find it puzzling that collecting enough signatures may not matter if the Sturgeon Lake Cree Nation’s injunction is successful, potentially halting the Elections Alberta process of validating the petition.
Nevertheless, separatist leader Mitch Sylvestre sees a potential alternative strategy: appealing directly to Premier Danielle Smith to include the referendum on October’s ballot, regardless of any court rulings.
“Let’s gather the signatures before the 7th, before any court intervention, and simply state: we’ve done our part,” Sylvestre shared with CBC News. “We’ve abided by the rules so far.”
For Sylvestre, reaching the required number of petition signatures is a way to safeguard his group against legal challenges.
“We are not obligated to submit the signatures to Elections Alberta,” Sylvestre explained. “We have other options. We could present them to the government for validation.”
Although the Citizen Initiative Act specifies that a successful petition must be submitted to Elections Alberta (Section 10), Sylvestre envisions a scenario where his initiative bypasses the legal requirements for citizen petitions.
There are two ways to get a referendum on the ballot: through a successful petition drive by Albertans or by government order under the Referendum Act — a method already utilized by Smith for nine other ballot questions this fall on various topics.
“The premier can call for this at any time with or without the [petition],” Sylvestre stated in a recent interview on YouTube.
When asked if a referendum would proceed even if the citizen initiative faced an injunction, Sylvestre affirmed, “I fully expect it to proceed.”
Chief Sheldon Sunshine of Sturgeon Lake Cree Nation expressed concerns that Smith might find a way to advance the separatist cause, despite legal obstacles.
“Throughout this process, we’ve seen the UCP making significant efforts to accommodate this minority group,” Sunshine remarked in an interview.
Sylvestre’s petition previously faced a legal defeat. In December, a King’s Bench judge ruled against the separatism proposal under the Citizen Initiative Act, citing constitutional conflicts and potential treaty rights violations.
However, the Smith government responded by amending the law to prevent courts from reviewing the legality of a proposed referendum, allowing the separatist group to resubmit their petition without scrutiny.
(Jason Franson/The Canadian Press)
This was the second occasion the UCP government altered legislation to facilitate a successful petition drive. Last May