Judge quashes Alberta separation petition in favour of First Nations

[Eugene]

Source: Canadian Press

Judge quashes Alberta separation petition in favour of First Nations

By Jack Farrell The Canadian Press
Posted May 13, 2026 4:53 pm
Updated May 13, 2026 5:34 pm
2 min read

An Alberta judge has quashed a separatist petition, saying the provincial government had a duty to consult with First Nations.

Justice Shaina Leonard says the petition should never have been issued.

Lawyers for several Alberta First Nations had argued the province’s referendum process and its use by separatists are unconstitutional, as there’s no requirement for Indigenous consultation.

They also said separation would violate treaty rights.

-snip-

Read more: https://globalnews.ca/news/11848163/alberta-judge-quashes-separation-petition-in-favour-of-first-nations/

[Fiendish Thingy]

1. That's almost too bad

The referendum was nonbinding, and if passed, had many legal hurdles, including the Indigenous issues raised in this case.

If it came to a vote, it would not have passed, and hopefully would have damaged Smith enough to end her career in politics.

It will be interesting to see if Smith invokes the Notwithstanding Clause and ignores the court ruling, and goes ahead with the referendum.

If she does, I predict an even bigger defeat and political damage to her.

[rampartd]

3. alberta secession would have passed sure as brexit

and will be back before we know it.

drill baby drill

[Fiendish Thingy]

4. Nope, not a chance

A petition to keep Alberta as part of Canada got almost twice as many signatures as the separation referendum.

Only 25-30% of Albertans favor separation.

[carpetbagger]

5. I don't think she can.

The ruling was based on sections of the Charter and Constitution that aren't subject to the clause.

[Fiendish Thingy]

6. Ha! Checkmate!

I’ve learned a lot about Canada since I immigrated in 2012, but I wasn’t aware of sections of the charter that were excluded from the Notwithstanding Clause.

Probably because you only hear about it when a premier invokes it, not when they are blocked from invoking it.

Would you mind giving me the short version of what is excluded, and why?

[Spazito]

2. Excellent news...

It will be appealed no doubt but this is still very good news. With the breach of privacy re voter info and this decision, Smith finds herself between a rock and a hard place and I couldn't be happier.